Common use of Fair Summaries Clause in Contracts

Fair Summaries. The statements set forth (i) in the Pricing Disclosure Package and the Prospectus under the captions “Description of Common Stock” and “Underwriting,” (ii) in the 10-K, which is incorporated by reference in the Pricing Disclosure Package and the Prospectus, under the captions “Business – Collaborations” from “ViiV Healthcare Company and GlaxoSmithKline Collaboration” through and including “Business – Cooperative Laboratory Agreement – University of Cagliari” and “Business – Patents and Licenses”, (iii) in the Company’s Proxy Statement, as filed with the Commission on April 25, 2012, portions of which are incorporated by reference in the Pricing Disclosure Package and the Prospectus, under the captions “Compensation Discussion and Analysis”, “Certain Relationships and Related Person Transactions” and “Corporate Governance – Director Independence”, (iv) in the Company’s Current Report on Form 8-K, as filed with the Commission on July 31, 2012 and, which is incorporated by reference in the Pricing Disclosure Package and the Prospectus, in Exhibit 99.1 thereof, under the captions “Risk Factors – Factors Related to Our Relationship with Novartis” and “Risk Factors – Factors Related to Patents and Licenses” and (v) in the Company’s Current Report on Form 8-K, as filed with the Commission on July 31, 2012 and, which is incorporated by reference in the Pricing Disclosure Package and the Prospectus, under the caption “Entry into a Material Definitive Agreement”, insofar as they purport to describe the documents referred to therein, are accurate, complete and fair in all material respects.

Fair Summaries. The statements set forth (i) in the Pricing Disclosure Package and the Prospectus under the captions “Description of Common Stock” and “Underwriting,” (ii) in the Company’s Annual Report on Form 10-KK for the fiscal year ended December 31, 2008, as filed with the Commission on March 4, 2009, which is incorporated by reference in the Pricing Disclosure Package and the Prospectus, under the captions “Business – Collaborations” from “ViiV Healthcare Company Collaboration and GlaxoSmithKline CollaborationLicense Agreements” through and including “Business – Cooperative Laboratory Agreement – University of Cagliari,” and “Business – Patents and Licenses”, ,” (iii) in the Company’s Proxy Statementproxy statement, as filed with the Commission on April 2528, 20122009, portions of which are incorporated by reference in the Pricing Disclosure Package and the Prospectus, under the captions “Compensation Discussion and Analysis”, “Certain Relationships and Related Person Transactions” and “Corporate Governance – Certain Relationships, Related Transactions and Director Independence”, ,” and (iv) in the Company’s Current Report on Form 810-K, as filed with the Commission on July 31, 2012 and, which is incorporated by reference in the Pricing Disclosure Package and the Prospectus, in Exhibit 99.1 thereof, Q under the captions “Risk Factors – Factors Related to Our Relationship with Novartis,” and “Risk Factors – Factors Related to Patents and Licenses” and (v) “Risk Factors – Factors Related to Our Dependence on Third Parties – Our license agreement with GSK is important to our business. The royalties and other payments we receive under our licensing arrangement with GSK could be delayed, reduced or terminated if GSK terminates or fails to perform its obligations under its agreement with us or if GSK is unsuccessful in the Company’s Current Report on Form 8-K, as filed with the Commission on July 31, 2012 and, which is incorporated by reference in the Pricing Disclosure Package and the Prospectus, under the caption “Entry into a Material Definitive Agreement”, its sales efforts,” insofar as they purport to describe the documents referred to therein, are accurate, complete and fair in all material respects.

Fair Summaries. The statements set forth (i) in the Pricing Disclosure Package and the Prospectus under the captions “Description of Common Stock” and “Underwriting,” (ii) in the Company’s Annual Report on Form 10-KK for the fiscal year ended December 31, 2009, as filed with the Commission on March 9, 2010, which is incorporated by reference in the Pricing Disclosure Package and the Prospectus, under the captions “Business – — Collaborations” from “ViiV Healthcare Company and GlaxoSmithKline Collaboration” through and including “Business – — Cooperative Laboratory Agreement – Agreements — University of Cagliari”, “Business — Patents and Licenses,” “Risk Factors — Factors Related to Our Relationship with Novartis”, “Risk Factors — Factors Related to Patents and Licenses” and “Business – Patents Risk Factors — Factors Related to Our Dependence on Third Parties — Our license agreement with GSK is important to our business. The royalties and Licensesother payments we receive under our licensing arrangement with GSK could be delayed, reduced or terminated if GSK terminates or fails to perform its obligations under its agreement with us or if GSK is unsuccessful in its sales efforts”, and (iii) in the Company’s Proxy Statement, as filed with the Commission on April 2528, 20122009, portions of which are incorporated by reference in the Pricing Disclosure Package and the Prospectus, under the captions “Compensation Discussion and Analysis”, “Certain Relationships and Related Person Transactions” and “Corporate Governance – Certain Relationships, Related Transactions and Director Independence”, (iv) in the Company’s Current Report on Form 8-K, as filed with the Commission on July 31, 2012 and, which is incorporated by reference in the Pricing Disclosure Package and the Prospectus, in Exhibit 99.1 thereof, under the captions “Risk Factors – Factors Related to Our Relationship with Novartis” and “Risk Factors – Factors Related to Patents and Licenses” and (v) in the Company’s Current Report on Form 8-K, as filed with the Commission on July 31, 2012 and, which is incorporated by reference in the Pricing Disclosure Package and the Prospectus, under the caption “Entry into a Material Definitive Agreement”, insofar as they purport to describe the documents referred to therein, are accurate, complete and fair in all material respects.

Fair Summaries. The statements set forth (i) in the Pricing Disclosure Package and the Prospectus under the captions “Description of Common Stock” and “Underwriting,” (ii) in the 10-K, which is incorporated by reference in the Pricing Disclosure Package and the Prospectus, under the captions “Business – — Collaborations” from “ViiV Healthcare Company and GlaxoSmithKline Collaboration” through and including “Business – — Cooperative Laboratory Agreement – Agreements — University of Cagliari”, “Business — Patents and Licenses,” “Risk Factors — Factors Related to Our Relationship with Novartis”, “Risk Factors — Factors Related to Patents and Licenses” and “Business – Patents Risk Factors — Factors Related to Our Dependence on Third Parties Other Than Novartis — Our license agreement with GSK is important to our business. The milestone payments and Licensesroyalties we could receive under our license agreement with GSK could be delayed, reduced or terminated if GSK terminates or fails to perform its obligations under its agreement with us or if GSK is unsuccessful in its sales efforts”, and (iii) in the Company’s Proxy Statement, as filed with the Commission on April 2530, 20122010, portions of which are incorporated by reference in the Pricing Disclosure Package and the Prospectus, under the captions “Compensation Discussion and Analysis”, “Certain Relationships and Related Person Transactions” and “Corporate Governance – — Director Independence”, (iv) in the Company’s Current Report on Form 8-K, as filed with the Commission on July 31, 2012 and, which is incorporated by reference in the Pricing Disclosure Package and the Prospectus, in Exhibit 99.1 thereof, under the captions “Risk Factors – Factors Related to Our Relationship with Novartis” and “Risk Factors – Factors Related to Patents and Licenses” and (v) in the Company’s Current Report on Form 8-K, as filed with the Commission on July 31, 2012 and, which is incorporated by reference in the Pricing Disclosure Package and the Prospectus, under the caption “Entry into a Material Definitive Agreement”, insofar as they purport to describe the documents referred to therein, are accurate, complete and fair in all material respects.