Reliant Non-Compete Clause Samples

Reliant Non-Compete. For a period of [*] ([*]) years from the date of this Agreement, Reliant agrees that neither it nor any of its controlled Affiliates shall develop, promote, distribute or market any prescription pharmaceutical product in which [*] within the Territory, without the prior written consent of Oscient; provided, however, that, such provision shall not survive a change of control of Reliant or an acquisition of a third party pharmaceutical company by Reliant (other than an acquisition of or merger with [*], [*] or [*] (each a “Restricted Company”) with respect to which such non-competition covenant shall remain in effect); [*] = Portions of this exhibit have been omitted pursuant to a confidential treatment request. An unredacted version of this exhibit has been filed separately with the Commission. provided, further, that this provision shall not preclude Reliant from (i) promoting, marketing, selling or otherwise discussing any [*] as part of concomitant use with [*], or (ii) developing, promoting, marketing or selling any [*]; provided, further, that in the event Reliant acquires a third-party pharmaceutical company prior to the acquisition of any Restricted Company, this Section 7.13(a) shall be deemed to apply to and restrict the operations of the Restricted Company following an acquisition by Reliant.