INDEPENDENT EXERCISE. A Participant shall be given -------------------- the opportunity to make independent investment directions. No Plan fiduciary shall subject any Participant to improper influence with respect to any investment decisions, and nor shall any Plan fiduciary conceal any non-public facts regarding a Participant's Plan investment unless disclosure is prohibited by law. Plan fiduciaries shall remain completely neutral in all regards with respect to Participant investment direction. A Plan fiduciary may not accept investment instructions from a Participant known to be legally incompetent, and any transactions with a fiduciary, otherwise permitted under this Section 6.1 and the uniform and nondiscriminatory rules regarding investment direction promulgated by the Advisory Committee, shall be fair and reasonable to the Participant in accordance with Department of Labor Regulation Section 404c-1(c)(3).
INDEPENDENT EXERCISE. ARS may independently exercise the License Right in its sole discretion with respect to (i) the Axonyx Patent Rights, on one hand, or (ii) the Axonyx Know-How and the ARS Patent Rights, on the other hand. ARS may exercise the License Right with respect to either such group of rights during the License Period, and if ARS has exercised the License Right with respect to one group of rights, then during the License Agreement term for such group of rights, ARS may exercise the License Right with respect to the other group of rights within six (6) months of the grant of any patent within such other group of rights. Upon such exercise, ARS shall have a license to such patent and all other patents subsequently granted within such other group of rights but shall not have a license to any patents within such other group of rights that granted prior to the grant of the patent with respect to which ARS exercised its License Right.