Common use of Excluded Compounds Clause in Contracts

Excluded Compounds. An "Excluded Compound" shall be any CNSI Compound that meets one of the following criteria: (a) the compound is listed on Exhibit D attached hereto as of the Effective Date; (b) the compound is selected by a corporate partner of CNSI as a lead candidate for preclinical and clinical development, prior to selection by Allergan of such compound as a Collaboration Compound, Development Compound or Back-Up Compound, and based on such selection the corporate partner makes, in connection with such selection, a significant economic payment to CNSI and commits to use diligence in such efforts, at least comparable to the economic and diligence commitments of Allergan hereunder when Allergan selects a Collaboration Compound, Development Compound or Back-Up Compound; (c) the compound is a member of a set of up to ********* compounds that are isomers, analogs or homologs of a compound that meets the criteria of subsection (b)