Common use of Exercise of Collaborator’s License Option Clause in Contracts

Exercise of Collaborator’s License Option. To exercise the option(s) or grant(s) set forth in Paragraph 7.2, Collaborator must submit a written notice to the PHS Patenting and Licensing Contact identified on the Contacts Information Page (and provide a copy to the IC Contact for CRADA Notices) within […***…] months after either (i) Collaborator receives written notice from PHS that a Patent Application has been filed or (ii) the date on which Collaborator files a Patent Application. The written notice exercising the option(s) will include a completed “Application for License to Public Health Service Inventions” and will initiate a negotiation period that expires […***…] months after the date of exercise of the option. If PHS has not responded in writing to the last proposal by Collaborator within this […***…] month period, the negotiation period will be extended to expire […***…] after PHS so responds, during which […***…] Collaborator may accept in writing the final license proposal of PHS. If PHS and Collaborator fail to reach agreement within […***…] months, (or such additional period as described above) on the terms for an exclusive license for a particular Paragraph 7.2(a) Invention, then for a period of […***…] months thereafter PHS agrees not to offer to license the Paragraph 7.2(a) Invention to any third party on materially better terms than those last offered to Collaborator without first offering such terms to Collaborator, in which case Collaborator will have a period of […***…] days in which to accept or reject the offer. In the absence of Collaborator’s exercise of the option with respect to a CRADA Subject Invention, or upon election of a nonexclusive license to such Invention, PHS will be free to license the CRADA Subject Invention to others. These time periods may be extended at the sole discretion of PHS upon good cause shown in writing by Collaborator.

Exercise of Collaborator’s License Option. To exercise the option(s) or grant(s) set forth in Paragraph 7.2, Collaborator must submit a written notice to the PHS Patenting and Licensing Contact identified on the Contacts Information Page (and provide a copy to the IC Contact for CRADA Notices) within […***…] three (3) months after either (i) Collaborator receives written notice from PHS that a Patent Application has been filed or (ii) the date on which Collaborator files a Patent Application. The written notice exercising the option(s) will include a completed “Application for License to Public Health Service Inventions” and will initiate a negotiation period that expires […***…] three (3) months after the date of exercise of the option. If PHS has not responded in writing to the last proposal by Collaborator within this […***…] three (3) month period, the negotiation period will be extended to expire […***…] one (1) month after PHS so responds, during which […***…] month Collaborator may accept in writing the final license proposal of PHS. If PHS and Collaborator fail to reach agreement within […***…] three (3) months, (or such additional period as described above) on the terms for an exclusive license for a particular Paragraph 7.2(a) 7.2.1 Invention, then for a period of […***…] three (3) months thereafter PHS agrees not to offer to license the Paragraph 7.2(a) 7.2.1 Invention to any third party on materially better terms than those last offered to Collaborator without first offering such terms to Collaborator, in which case Collaborator will have a period of […***…] thirty (30) days in which to accept or reject the offer. In the absence of Collaborator’s exercise of the option with respect to a CRADA Subject Invention, or upon election of a nonexclusive license to such Invention, PHS will be free to license the CRADA Subject Invention to others. These time periods may be extended at the sole discretion of PHS upon good cause shown in writing by Collaborator.

Exercise of Collaborator’s License Option. To exercise the option(s) or grant(s) set forth in Paragraph 7.2, Collaborator must submit a written notice to the PHS Patenting and Licensing Contact identified on the Contacts Information Page (and provide a copy to the IC Contact for CRADA Notices) within […***…] months after either (i) Collaborator receives written notice from PHS that a CRADA Patent Application has been filed or (ii) the date on which Collaborator files a CRADA Patent Application. The written notice exercising the option(s) will include a completed “Application for License to Public Health Service Inventions” and will initiate a negotiation period that expires […***…] months after the date of exercise of the option. If PHS has not responded in writing to the last proposal by Collaborator within this […***…] month period], the negotiation period will be extended to expire […***…] one (1) month after PHS so responds, during which […***…] month Collaborator may accept in writing the final license proposal of PHS. If PHS and Collaborator fail to reach agreement within […***…] months], (or such additional period as described above) on the terms for an exclusive license for a particular Paragraph 7.2(a) Invention, then for a period of […***…] months thereafter PHS agrees not to offer to license the Paragraph 7.2(a) Invention to any third party on materially better terms than those last offered to Collaborator without first offering such terms to Collaborator, in which case Collaborator will have a period of […***…] days in which to accept or reject the offer. In the absence of Collaborator’s exercise of the option with respect to a CRADA Subject Invention, or upon election of a nonexclusive license to such Invention, PHS will be free to license the CRADA Subject Invention to others. These time periods may be extended at the sole discretion of PHS upon good cause shown in writing by Collaborator.

Exercise of Collaborator’s License Option. To exercise the option(s) or grant(s) set forth in of Paragraph 7.2, 7.2 Collaborator must submit a written notice to the PHS Patenting and Licensing Contact identified on the Contacts Information Page (and provide a copy to the IC Contact for CRADA Notices) within […...***…...] months after either (i) Collaborator receives written notice from PHS that a the Patent Application has been filed or (ii) the date on which Collaborator files a the Patent Application. The written notice exercising the option(s) this option will include a completed “Application for License to Public Health Service Inventions” and will initiate a negotiation period that expires […...***…...] months after the date of exercise of the option. If PHS has not responded in writing to the last proposal by Collaborator within this […...***…...] month period, the negotiation period will be extended to expire […...***…...] after PHS so responds, during which […***…] month Collaborator may accept in writing the final license proposal of PHS. If PHS and Collaborator fail to reach agreement within […...***…...] months, (or such the additional [...***...] period as described above) on the terms for an exclusive license for a particular Paragraph 7.2(a) 7.2 CRADA Subject Invention, then for a period of of[…...***…...] months thereafter PHS agrees not to offer to license the Paragraph 7.2(a) such CRADA Subject Invention to any third party on materially better terms than those last offered to Collaborator without first offering such terms to Collaborator, in which case Collaborator will have a period of […...***…...] days in which to accept or reject the offer. In the absence of Collaborator’s exercise of the option with respect to a CRADA Subject Inventionoption, or upon election of a nonexclusive license to such Inventionlicense, PHS will be free to license the CRADA Subject Invention to others. These time periods may be extended at the sole discretion of PHS upon good cause shown in writing by Collaborator.

Exercise of Collaborator’s License Option. To exercise the option(s) or grant(s) set forth in Paragraph 7.2, Collaborator must submit a written notice to the PHS Patenting and Licensing Contact identified on the Contacts Information Page (and provide a copy to the IC Contact for CRADA Notices) within […***…] three (3) months after either (i) Collaborator receives written notice from PHS that a Patent Application has been filed or (ii) the date on which Collaborator files a Patent Application. The written notice exercising the option(s) will include a completed “Application for License to Public Health Service Inventions” and will initiate a negotiation period that expires […***…[ * ] months after the date of exercise of the option. If PHS has not responded in writing to the last proposal by Collaborator within this […***…[ * ] month period, the negotiation period will be extended to expire […***…] one (1) month after PHS so responds, during which […***…] month Collaborator may accept in writing the final license proposal of PHS. If PHS and Collaborator fail to reach agreement within […***…] months[ * ], (or such additional period as described above) on the terms for an exclusive license for a particular Paragraph 7.2(a) Invention, then for a period of […***…[ * ] months thereafter PHS agrees not to offer to license the Paragraph 7.2(a) Invention to any third party on materially better terms than those last offered to Collaborator without first offering such terms to Collaborator, in which case Collaborator will have a period of […***…[ * ] days in which to accept or reject the offer. In the absence of Collaborator’s exercise of the option with respect to a CRADA Subject Invention, or upon election of a nonexclusive license to such Invention, PHS will be free to license the CRADA Subject Invention to others. These time periods may be extended at the sole discretion of PHS upon good cause shown in writing by Collaborator, provided that [ * ].