Delivery of Data Sets during Extensions of the Subscription Term Sample Clauses

Delivery of Data Sets during Extensions of the Subscription Term. In the event that pursuant to Section 2.9.1(b), Merck exercises the first (1st) and/or second (2nd) extension options (any period extended pursuant to Section 2.9.1(b), an “Extension Period”), then subject to the terms and conditions of this Agreement, during the four (4) calendar quarters of any such Extension Period during the Subscription Term (i.e., the First Extension Period or the Second Extension Period, as applicable), Deltagen shall deliver to Merck an average of [ * ] additional Data Sets, which Deltagen may deliver as a single Phenotype Set containing an average of [ * ] Data Sets but no less than [ * ] Data Sets; provided that: (a) during the [ * ] quarter of each such Extension Period, Deltagen shall deliver to Merck a number of additional Data Sets so that Merck will receive by the end of such [ * ] provided that if Deltagen has delivered to Merck hereunder any Data Sets that include any [ * ] generated from any [ * ] nominated by Merck during such [ * ] such number shall be increased by the number of [ * ]so delivered to Merck, but shall not exceed Deltagen’s delivery obligations under the first paragraph of this Section [ * ]2.5.4, and, for the avoidance of doubt, shall be subject to the requirements set forth in Section 2.5.1; and (b) thereafter, depending upon the number of [ * ] nominated by Merck during such Extension Period, as well as the number of [ * ] already delivered hereunder to Merck, Deltagen shall deliver to Merck Data Sets to Merck during the remainder of the Subscription Term * Confidential portions of this document have been redacted and have been filed separately with the Commission. in quantities so that Merck will receive a total of [ * ] Data Sets under this Agreement in connection with each such [ * ] and which will account for the number of [ * ] nominated by Merck during such Extension Period (and which could therefore [ * ]), and if not available during the Subscription Term, then [ * ] to Merck, unless or until such [ * ] become available for delivery to Merck, and Deltagen may, therefore, deliver such [ * ] (and the corresponding Knockout Mice Materials generated from any such [ * ]) to Merck [ * ] in accordance with Section 2.5.