Common use of Most Favored Licensee Clause in Contracts

Most Favored Licensee. 11.1 If after signature of this Agreement, PE CORP grants to any unrelated third party, other than Roche, a license of substantially the same scope as granted to Thermal Cycler Supplier herein but under more favorable royalty rates than those given to Thermal Cycler Supplier under this Agreement, PE CORP shall promptly notify Thermal Cycler Enclosure 7 (13 of 14) Supplier of said more favorable royalty rates, and Thermal Cycler Supplier shall have the right and option to substitute such more favorable royalty rates for the royalty rates contained herein. Thermal Cycler Supplier’s right to elect said more favorable royalty rates shall extend only for so long as and shall be conditioned on Thermal Cycler Supplier’s acceptance of all the same conditions, favorable or unfavorable, under which such more favorable royalty rates shall be available to such other third party. Upon Thermal Cycler Supplier’s acceptance of all such terms of said third-party agreement, the more favorable royalty rates shall be effective as to Thermal Cycler Supplier on the date of execution of such other third party license agreement. Notwithstanding the foregoing, in the event that PE CORP and/or Roche shall receive substantial other nonmonetary consideration, for example, such as intellectual property rights, as a part of the consideration for its granting of such license to a third party, then this Section 11.1 shall not apply.

Most Favored Licensee. 11.1 If after signature the Effective Date of this Agreement, PE CORP ROCHE grants to any unrelated third party, other than Roche, a license of substantially the same scope as granted to Thermal Cycler Supplier LCE herein but under more favorable royalty rates than those given to Thermal Cycler Supplier LCE under this Agreement, PE CORP ROCHE shall promptly notify Thermal Cycler Enclosure 7 (13 of 14) Supplier LCE of said more favorable royalty rates, and Thermal Cycler Supplier LCE shall have the right and option to substitute such more favorable royalty rates for the royalty rates contained herein. Thermal Cycler SupplierLCE’s right to elect said more favorable royalty rates shall extend only for so long as and shall be conditioned on Thermal Cycler SupplierLCE’s acceptance of all the same conditions, favorable or unfavorable, under which such more favorable royalty rates shall be available to such other third party. Upon Thermal Cycler SupplierLCE’s acceptance of all such terms of said third-party agreement, the more favorable royalty rates shall be effective as to Thermal Cycler Supplier LCE on the effective date of execution of such other third party license agreement. Notwithstanding the foregoing, in the event that PE CORP and/or Roche ROCHE shall receive substantial other nonmonetary consideration, for example, such as intellectual property rights, as a part of the consideration for its granting of Osmetech – Contract No. 17852 8 such license to a third party, then this Section 11.1 such consideration shall be taken into account for determining whether or not applythe third party has been granted more favorable royalty rates.

Most Favored Licensee. 11.1 If after signature of this Agreement, PE CORP grants to any unrelated third party, other than Roche, a license of substantially the same scope as granted to Thermal Cycler Supplier herein but under more favorable royalty rates than those given to Thermal Cycler Supplier under this Agreement, PE CORP shall promptly notify Thermal Cycler Enclosure 7 (13 of 14) Supplier of said more favorable royalty rates, and Thermal Cycler Supplier shall have the right and option to substitute such more favorable royalty rates for the royalty rates contained herein. Thermal Cycler Supplier’s 's right to elect said more favorable royalty rates shall extend only for so long as and shall be conditioned on Thermal Cycler Supplier’s 's acceptance of all the same conditions, favorable or unfavorable, under which such more favorable royalty rates shall be available to such other third party. Upon Thermal Cycler Supplier’s 's acceptance of all such terms of said third-party agreement, the more favorable royalty rates shall be effective as to Thermal Cycler Supplier on the date of execution of such other third party license agreement. Notwithstanding the foregoing, in the event that PE CORP and/or Roche shall receive substantial other nonmonetary consideration, for example, such as intellectual property rights, as a part of the consideration for its granting of such license to a third party, then this Section 11.1 shall not apply.