Common use of Collaboration Exclusivity Clause in Contracts

Collaboration Exclusivity. In consideration of the sums to be paid to Lynx and the other terms and conditions of this Agreement, the Parties agree that during the Collaboration Term, Lynx will not knowingly utilize the Lynx Technology to collaborate with any Third Parties on Crops, provided that Lynx may do such work with respect to the Co-Exclusive Crop for a single Third Party, currently DuPont. Notwithstanding the foregoing, Lynx shall be free to perform subscription gene sequencing, gene expression analysis and related services on a non-exclusive basis for Third Parties, provided that Lynx notifies such Third Parties that they may not utilize Lynx subscription services for the analysis of DNA samples from Crops except that a single Third Party (currently DuPont) may utilize such services for the Co-Exclusive Crop. Moreover, nothing in this Section 3.6 shall be construed to limit or to restrict Lynx in any way from being able to perform its obligations under the agreements in effect prior to the date of this Agreement with DuPont (Agreement dated October 29, 1998, as amended), BASF AG (agreements dated October 23, 1996 and January 1, 1997, as amended) and Hoechst, whether or not such performance would otherwise be in violation of this Section 3.6.

Collaboration Exclusivity. In consideration of the sums to be paid to Lynx and the other terms and conditions of this Agreement, the Parties agree that during the Collaboration Term, Lynx will not knowingly utilize the Lynx Technology to collaborate with any Third Parties on Crops, provided that Lynx may do such work with respect to the Co-Exclusive Crop for a single Third Party, currently DuPont[ * ]. Notwithstanding the foregoing, Lynx shall be free to perform subscription gene sequencing, gene expression analysis and related services on a non-exclusive basis for Third Parties, provided that Lynx notifies such Third Parties that they may not utilize Lynx subscription services for the analysis of DNA samples from Crops except that a single Third Party (currently DuPont[ * ]) may utilize such services for the Co-Exclusive Crop. Moreover, nothing in this Section 3.6 shall be construed to limit or to restrict Lynx in any way from being able to perform its obligations under the agreements in effect prior to the date of this Agreement with DuPont [ * ] (Agreement dated October 29, 1998, as amended), BASF AG (agreements dated October 23, 1996 and January 1, 1997, as amended) and Hoechst, whether or not such performance would otherwise be in violation of this Section 3.6.

Collaboration Exclusivity. In consideration of the sums to be paid to Lynx and the other terms and conditions of this Agreement, the Parties agree that during the Collaboration Term, Lynx will not knowingly utilize the Lynx Technology in the Exclusive Field to collaborate with any Third Parties on Crops, provided that third parties and will not knowingly utilize the Lynx may do such work with respect to Technology in the Co-Exclusive Crop for a single Third Party, currently DuPontField to collaborate with more than one third party. Notwithstanding the foregoing, Lynx shall be free to perform subscription gene sequencing, gene expression analysis and related services on a non-exclusive basis for Third Partiesthird parties, provided that Lynx notifies such Third Parties third parties that they may not utilize such Lynx subscription services for in the analysis of DNA samples from Crops except that a single Third Party (currently DuPont) may utilize such services for Exclusive Field or the Co-Exclusive CropField. Moreover, nothing Nothing in this Section 3.6 3.8 shall be construed to limit the provisions of Section 3.7(d) or to restrict Lynx in any way from being able to perform its obligations under the agreements any agreement in effect prior to the date of this Agreement with DuPont (Agreement dated October 29, 1998, as amended), BASF AG (agreements dated October 23, 1996 and January 1, 1997, as amended) and HoechstAgreement, whether or not such performance would otherwise be in violation of this Section 3.63.8. [ * ] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24b-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED.