Initial Development Data Clause Samples

Initial Development Data. 5.1.1 The Parties will jointly own any and all Initial Development Data. KKC or Aevi, or their respective Affiliates, will use the Initial Development Data only to conduct Initial Development as contemplated hereunder or to analyze the results of the Initial Development. During the CDOA Term (as defined in Section 7.1) and except if permitted by a Plan A/B License Agreement or Plan C License Agreement then in effect, neither Party will, without the other Party’s prior written consent, use or cause any Third Party to access or use the Initial Development Data for any other purpose. 5.1.2 The Parties will jointly own any intellectual property arising from the Initial Development or the Initial Development Data (“Initial Development IP”), except for patents and patent applications, where ownership will follow inventorship. For clarity, Aevi will own patents and patent applications solely invented by Aevi inventors, KKC will own patents and patent applications solely invented by KKC inventors, and Aevi and KKC will jointly own patents and patent applications invented by one or more Aevi inventor and one or more KKC inventor. Inventorship will be resolved in accordance with US patent laws. During the CDOA Term, each Party may practice the Initial Development IP with a right to sublicense only with the other Party’s consent, for any purpose subject to such Party’s obligations under this Agreement; provided that Aevi may sublicense the Initial Development IP as necessary or desirable to conduct the Initial Development including to its Affiliates, clinical sites and each Authorized CRO and CMO. During the CDOA Term, unless expressly provided herein, the intellectual property provisions in the license agreement attached to Exhibit B will apply to any Initial Development IP. Upon exercise of the Plan A/B Option or Plan C Option, the intellectual property provisions in the Plan A/B License Agreement or the Plan C License Agreement will apply to the Initial Development IP applicable to such license agreement and this Agreement will apply to the Initial Development IP that relates to the option that remains exercisable under this Agreement. If this Agreement expires or terminates prior to the exercise of the Plan A/B Option or Plan C Option, then all rights in the Initial Development Data and any Initial Development IP (including any patents or patent applications contained therein) will revert to KKC, and Aevi, at Aevi’s cost and expense, will and hereby does assign t...