Common use of Collaboration Target Exclusivity Clause in Contracts

Collaboration Target Exclusivity. (a) Following the Effective Date, so long as ICOS or its Affiliates are proceeding with Due Diligence for that Collaboration Target, CombiChem shall not work on, or provide services, or advise, either independently, or with any Third Parties (except where CombiChem is providing its UIL to Third Parties without knowledge of such Third Parties' target) (the "Target Exclusivity Obligations"), except (a) as provided for in Section 12.2 hereof with regard to any Public Statements, (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 Collaboration Target with that Third Party or (c) if CombiChem's Target Exclusivity Obligations have terminated pursuant to subsection 4.1 (b) below. (b) Upon the commencement of the Research Period and following synthesis of a Daughter Library by CombiChem for the Collaboration Target, the Target Exclusivity Obligations with respect to such Collaboration Target shall continue until (1) ICOS has provided CombiChem with a notice and release of Target Exclusivity Obligations, effective in sixty (60) days, that, because of business and scientific reasons, ICOS has decided to cease research and/or development activities for the Initial Target, or (2) ICOS has provided CombiChem with a notice and release of Target Exclusivity Obligations, effective *** from the date of such notice and release, that ICOS has decided to cease research *** Portions of this page have been omitted pursuant to a request for Confidential Treatment and filed separately with the Commission.