Other Party's Substance Clause Samples

Other Party's Substance. With respect to the development and [ * ]= Certain confidential information contained in this document, marked by brackets, has been omitted and filed separately with the Securities and Exchange Commission pursuant to Rule 406 of the Securities Act of 1933, as amended. commercialization of any Program Compound or Option Compound based upon the non-developing party's Program Substance [ * ], the developing party shall be subject to [ * ] in accordance with the following: (1) If such Program Compound or Option Compound is subject only to the developing party's patents or patents jointly owned by Merck and Tularik, such development and commercialization shall [ * ], and [ * ] of such Program Compound or Option Compound. (2) If such Program Compound or Option Compound is either (i) not covered by any patent of either party or any jointly-owned patent or (ii) is covered by the other party's patents, such development and commercialization shall [ * ] if the developing party is also [ * ] if the developing party is [ * ].