Common use of Excluded Agreements Clause in Contracts

Excluded Agreements. Notwithstanding anything in this Agreement to the contrary, nothing herein shall constitute a grant of a sublicense to CliniChem of any Proprietary Rights licensed to BioChem or any BioChem Affiliate under the Excluded Agreements unless and until BioChem or the appropriate BioChem Affiliate obtains the consent of the applicable third party licensor. BioChem or the appropriate BioChem Affiliate shall use commercially reasonable efforts to obtain any consents necessary (1) to grant a sublicense to CliniChem (on commercial terms reasonably acceptable to BioChem) to any adjuvant licensed pursuant to the Pharmadigm Agreement and incorporated in a CliniChem Product, (2) to grant a sublicense to CliniChem (on commercial terms reasonably acceptable to BioChem) to any biovector licensed pursuant to the Biovector Agreement and incorporated in a CliniChem Product, and (3) to grant a sublicense to CliniChem (on commercial terms reasonably acceptable to BioChem) under the UGARF/Yale Agreement in connection with the BCH-4556 CliniChem Product, provided, in each case, that (i) the relevant CliniChem Product has received regulatory approval for commercial marketing in at least one