Common use of Collaboration Target Exclusivity Clause in Contracts

Collaboration Target Exclusivity. Prior to designating a Collaboration Target for an active Research Program under Article 3, and thereafter so long as Athena or its Affiliates are proceeding with Due Diligence for that Target, CombiChem shall not knowingly work on or knowingly provide information regarding a Collaboration Target with or to any Third Parties, except (a) as provided for in Section 12.2 with regard to any Public Statements, and (b) with respect to any Third Parties who are collaborators or proposed collaborators of CombiChem, CombiChem shall have the right, consistent with its corporate policy (but without identifying any Collaboration Target), to notify any such Third Party of its decision and/or inability to work on such Target with that Third Party. In the event that Athena or its Affiliates have not transferred or assigned control of its program for that Target to a Third Party under due diligence obligations no less stringent than those set forth herein and have failed to exercise Due Diligence with respect to, or notifies CombiChem in writing that it has abandoned work on, any Collaboration Target (an "Abandoned Target") and any Collaboration Compound associated with such Abandoned Target (together with all Derivatives of such Collaboration Compound, an "Abandoned Compound"), then such Abandoned Target and/or Abandoned Compound shall be available to CombiChem (excluding any Athena Compounds and Athena Technology) and to Athena for any purpose thereafter.