Common use of Excluded Technology Clause in Contracts

Excluded Technology. Notwithstanding anything in this Agreement to the contrary, CAT grants no rights to Micromet under this Agreement (a) to research, develop, manufacture, use, or sell Licensed Products using the Excluded Technology set forth in items [***] of Schedule V, or (b) to Develop, manufacture, use, or sell any Licensed Product that is a Research Product or Microarray, as those terms are defined in Schedule V. CAT will notify Micromet promptly if: (a) CAT ceases to be bound by the Excluded Field restriction pursuant to its agreement with [***]dated[***]; or (b) CAT no longer needs to exclude Research Products from the license granted hereunder pursuant to its agreement with [***] dated [***](the “[***] License Agreement”), a copy of which has been provided to Micromet by CAT as of the Effective Date. *** Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions. CAT will promptly notify Micromet of any modification or amendment to the [***] License Agreement and deliver to Micromet a redacted copy of any such amended agreement. The restrictions set out in this Agreement relating to the Excluded Field or Research Products set forth above (as the case may be) will, subject to any other restrictions on CAT and to the provisions of this Agreement, cease to apply from the date of removal of such restriction pursuant to the terms of the foregoing agreements.

Excluded Technology. Notwithstanding anything in this Agreement to the contrary, CAT grants no rights to Micromet Licensee under this Agreement (a) to research, develop, manufacture, use, or sell Licensed Products using the Excluded Technology set forth in items [***] of Schedule V, or (b) to Developdevelop, manufacture, use, or sell any Licensed Product that is a Research Product or Microarray, as those terms are defined in Schedule V. CAT will notify Micromet Licensee promptly if: (a) CAT ceases to be bound by the Excluded Field restriction pursuant to its agreement with [***]dated] dated [***]; or (b) CAT no longer needs to exclude Research Products from the license granted hereunder pursuant to its agreement with [***] dated [***]] (the “[***] License Agreement”), a copy of which has been provided to Micromet Licensee by CAT as of the Effective Date. *** Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions. CAT will promptly notify Micromet Licensee of any modification or amendment to the [***] License Agreement and deliver to Micromet Licensee a redacted copy of any such amended agreement. The restrictions set out in this Agreement relating to the Excluded Field or Research Products set forth above (as the case may be) will, subject to any other restrictions on CAT and to the provisions of this Agreement, cease to apply from the date of removal of such restriction pursuant to the terms of the foregoing agreements.