Common use of Field Exclusivity Clause in Contracts

Field Exclusivity. 2.5.1 During the term of this Agreement, PACKARD shall have the right to sell, and have sold, all versions of Oasis LabCard chips [ * ] for use with Systems in the Field or for use with Third Party Instrumentation in the Field. So long as PACKARD continues to satisfy the Due Diligence Requirements described below, the foregoing right to sell, and have sold, all versions of Oasis LabCard chips [ * ] for use with Systems in the Field or for use with Third Party Instrumentation in the Field shall be exclusive to PACKARD. For purposes of this Section 2.5.1, PACKARD shall be deemed to have satisfied the "Diligence Requirement" during any period if (1) PACKARD is diligent in promoting, distributing and selling Oasis LabCard chips, and (2) PACKARD is demonstrably committed to selling Oasis LabCard chips for use with Third Party Instrumentation as well as for use with Instruments manufactured by PACKARD. During the [ * ] period following the first commercial sale of a System to a third party, diligence shall be determined based on actual sales, reasonable penetration into the Homogenous Assay market for the Field, and the number of and volume [*] CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 OF THE SECURITIES ACT OF 1933, AS AMENDED.