Common use of NIH Clause in Contracts

NIH. Juno acknowledges and agrees that (i) the rights and obligations under this Section 9.3 are subject to the rights of the NIH (including any consent or approval rights or rights to control or participate in any enforcement actions); and (ii) Opus’ obligations under this Agreement only apply to the extent that Opus has any rights with respect to enforcing the Licensed Patent Rights under the NIH Patent Licenses, and Opus will grant to Juno all rights that Opus receives under the NIH Patent Licenses. Furthermore, Juno acknowledges the following: (a) All monies recovered in any Action will also need to be allocated to the NIH in accordance with the terms of the NIH Patent Licenses. (b) The NIH’s first right to pursue legal action and continuing right to intervene and join Opus or Juno in any Action.