Common use of Oscient Non-Assert Clause in Contracts

Oscient Non-Assert. Neither Oscient nor any of its Affiliates shall assert against Reliant, or any of its Affiliates or sublicensees, any patents obtained or controlled (in whole or in part) by Oscient of any of is Affiliates prior to or after the Closing which would prevent Reliant or its Affiliates or sublicensees from using the Product Intellectual Property as it exists at Closing in connection with (i) researching, developing, making, having made, distributing, using, selling, offering to sell, having sold, marketing, co-marketing, exporting, promoting and co-promoting the Excluded Combination Product inside the Territory; or (ii) making or having made the Product inside the Territory solely for selling, distributing, using, offering to sell, importing, marketing and promoting the Product outside the Territory.