Evaluation Period Exclusivity Clause Samples

Evaluation Period Exclusivity. (a) During the applicable Evaluation Period, on a Combination Collaboration Target by Combination Collaboration Target basis, and provided, that AstraZeneca enrolls its first patient in such Combination Target Validation Trial within [***] of Fusion’s receipt of applicable Combination Target Validation Trial Notice, neither Fusion nor its Affiliates will, alone or with any Third Party, undertake, or permit to be undertaken, any preclinical or clinical studies with or by any Third Party combining the Fusion Alpha Emitting Platform with compounds modulating the same Combination Collaboration Target. (b) On a Combination Collaboration Target by Combination Collaboration basis, upon the expiry of the Evaluation Period or if AstraZeneca fails to enroll its first patient in any Combination Target Validation Trial within [***] of Fusion’s receipt of the applicable Combination Target Validation Trial Notice, Fusion will have no further obligation to grant AstraZeneca any rights on combinations with compounds modulating that particular Combination Collaboration Target; provided, however that in the event such failure is due to issues with supply of the Fusion Contributed Compound, then the Parties shall agree to a reasonable extension of such [***] period. (c) For all purposes of this Agreement, “Evaluation Period” shall mean, on a Combination Collaboration Target by Combination Collaboration Target basis, the period of time commencing on the date Fusion received a Combination Target Validation Trial Notice and expiring on the earlier of [***].