Common use of Intermediates Clause in Contracts

Intermediates. Subject to the restrictions and obligations on Celera’s use of the Intermediates set forth in this Agreement, Celera will sell Intermediates, directly or through a Distributor, only (i) to end users who purchase or use Celera diagnostic products and (ii) for use only with Celera diagnostic products. For the avoidance of doubt, the foregoing will not restrict Celera’s or its bona fide collaborators’ use of Intermediates for research, development or in Celera’s clinical laboratory testing services business, subject in each case to the restrictions and obligations on Celera herein.