Commercialization Exclusivity. (a) If Acologix is assigned responsibility for Commercialization of Injection Products in Europe in the Injection Product Election, Acologix shall have the sole right to Commercialize Injection Products in Europe. Accordingly, upon such Injection Product Election the co-exclusive license granted to Acologix in Section 5.1 shall be converted to an exclusive license even with respect to Toray (other than as reasonably necessary for Toray’s ongoing Development activities under the European Co-Development Plan and Budget), and thereafter Toray shall not, and shall not have the right to, grant to any Third Party any further rights under the Toray Patent Rights and Toray Know-How with respect to Injection Products in Europe. *** Confidential treatment request pursuant to a request for confidential treatment filed with the Securities and Exchange Commission. Omitted portions have been filed separately with the Commission. (b) If Toray assumes responsibility for Commercialization of Injection Products in Europe by licensing to a Third Party in accordance with Article 3 above, upon such Injection Product Election the co-exclusive license rights held by Toray pursuant to Section 5.1 shall be converted to an exclusive Toray Commercialization license even as to Acologix, other than as reasonably necessary for Acologix’ ongoing Development activities under the European Co-Development Plan and Budget, and thereafter Acologix shall not have any further rights under the Toray Patent Rights and Toray Know-How with respect to Injection Products in Europe.
Appears in 2 contracts
Sources: Collaboration and License Agreement (Acologix, Inc.), Collaboration and License Agreement (Acologix, Inc.)