Common use of Lack of Diligence Clause in Contracts

Lack of Diligence. In the event that Fuso fails to meet the achievement-based or the expenditure-based diligence milestones with respect to a particular Collaboration Product, GenVec may terminate this Agreement with respect to such Collaboration Product pursuant to the provision of Section 11.2, unless Fuso establishes that it has acted reasonably, diligently and in good faith to meet the milestones but failed due to events outside Fuso's control, which may include, but not limited to, difficulty to find patients and/or doctors who are cooperative with the clinical trials or any change of the policy of the MHW or other authorities concerning general practice of clinical trials and/or gene therapy. In such event, GenVec shall thereafter have the exclusive rights to commercialize such Collaboration Products in the Territory, alone or with third parties.

Lack of Diligence. In the event that Fuso fails to meet the achievement-based or the expenditure-based diligence milestones with respect to a particular Collaboration Product, GenVec may terminate this Agreement with respect to such Collaboration Product pursuant to the provision of Section 11.2, unless Fuso establishes that it has acted reasonably, diligently and in good faith to meet the milestones but failed due to events outside Fuso's control, which may include, but not limited to, difficulty to find patients and/or doctors who are cooperative with the clinical trials or any change of the policy of the MHW MHLW or other authorities concerning general practice of clinical trials and/or gene therapyGene Therapy. In such event, GenVec shall thereafter have the exclusive rights to commercialize such Collaboration Products in the Territory, alone or with third parties.

Lack of Diligence. In the event that Fuso fails to meet the ----------------- achievement-based or the expenditure-based diligence milestones with respect to a particular Collaboration Product, GenVec may terminate this Agreement with respect to such Collaboration Product pursuant to the provision of Section 11.2, unless Fuso establishes that it has acted reasonably, diligently and in good faith to meet the milestones but failed due to events outside Fuso's control, which may include, but not limited to, difficulty to find patients and/or doctors who are cooperative with the clinical trials or any change of the policy of the MHW or other authorities concerning general practice of clinical trials and/or gene therapy. In such event, GenVec shall thereafter have the exclusive rights to commercialize such Collaboration Products in the Territory, alone or with third parties.