Common use of Distracting Programs Clause in Contracts

Distracting Programs. Except as set forth in Section 5.4.3 (Post-Effective Date Affiliates) and 5.4.4 (Termination or Divestiture) and subject to Section 5.4.2 (▇▇▇▇▇ Election), during the Term until the [***] anniversary of the First Commercial Sale of the first Licensed Product in the [***], ▇▇▇▇▇ shall not (and shall ensure its Affiliates and Sublicensees do not) directly or indirectly conduct, enable, or participate in any Distracting Program. For clarity, any failure of any ▇▇▇▇▇ Affiliate or Sublicensee to comply with this Section 5.4.1 shall be deemed a breach by ▇▇▇▇▇.