Common use of Exclusivity Limitations Clause in Contracts

Exclusivity Limitations. 5.1.1 So long as Akcea is using Commercially Reasonable Efforts to Develop and Commercialize the applicable Product, except in the performance of its obligations or exercise of its rights under this Agreement and except as set forth in Section 5.1.2, Isis nor Akcea, nor their respective Affiliates and, with respect to Akcea, Akcea’s Sublicensees, will work independently or for or with any Third Party (including the grant of any license to any Third Party) with respect to (a) the discovery, research, or development of an ASO that is designed to bind to a Lipid Target; and (b) on a country-by-country basis, commercializing an ASO that is designed to bind to a Lipid Target until Akcea ceases to commercialize a Product designed to bind such Lipid Target in such country, or termination of this Agreement. 5.1.2 Notwithstanding anything to the contrary in this Agreement, Isis’ practice of the following will not violate Section 5.1.1: (a) any activities pursuant to the Prior Agreements as in effect on the Effective Date; and (b) the granting of, or performance of obligations under, Permitted Licenses.