Common use of Know-How Payments Clause in Contracts

Know-How Payments. The Parties hereby acknowledge and agree that any royalties that are payable for a Royalty-Bearing Product under 6.5.1 (c) for which no Patent Rights exist shall be in consideration of: (i) Enanta’s expertise and know-how concerning the identification of Compounds in the Field, and its other Compound-related development activities conducted prior to the Effective Date; (ii) the performance by Enanta of the Research Program; (iii) the disclosure by Enanta to Xxxxxx of results obtained in the Research Program; (iv) the licenses granted to Xxxxxx hereunder with respect to Licensed Technology and Joint Technology that are not within the claims of any Patent Rights Controlled by Enanta; (v) the restrictions on Enanta in Section 8.5; and (vi) the “head start” afforded to Xxxxxx by each of the foregoing.

Know-How Payments. The Parties hereby acknowledge and agree that any royalties that are payable for a Royalty-Bearing Product under 6.5.1 (c) for which no Patent Rights exist shall be in consideration of: of (i) EnantaARCHEMIX’s expertise and know-how concerning the identification of Compounds aptamers in the Field, including its development of the SELEX Process and its other Compoundaptamer-related development activities conducted prior to the Effective Date; (ii) the performance by Enanta ARCHEMIX of the Research Program; , (iii) the disclosure by Enanta ARCHEMIX to Xxxxxx MERCK of results obtained in the Research Program; (iv) the licenses granted to Xxxxxx MERCK hereunder with respect to Licensed Technology and Joint Technology that are not within the claims of any Patent Rights Controlled by EnantaARCHEMIX; (v) the restrictions on Enanta ARCHEMIX in Section 8.58.7.1; and (vi) the “head start” afforded to Xxxxxx MERCK by each of the foregoing.