Retained Products. Fibrocell shall be permitted to continue the clinical development and Commercialization in the Field of any product resulting from the Fibroblast Program that, at the time of termination, satisfies at least one of the following criteria (a “Retained Product”):
Retained Products. ZIOPHARM shall be permitted to continue the development and commercialization of any ZIOPHARM Product that, at the time of termination, satisfies at least one of the following criteria (a “Retained Product”):
Retained Products. Oragenics shall be permitted to continue the clinical development and Commercialization in the Field of any Oragenics Product that, at the time of termination, satisfies at least one of the following criteria (a “Retained Product”):
Retained Products. Ampliphi shall be permitted to continue the development and Commercialization in the Field of any product resulting from the Bacteriophage Program that, at the time of termination, satisfies at least one of the following criteria (a “Retained Product”):
Retained Products. AquaBounty shall be permitted, but not obligated, to continue the development and Commercialization in the Field of any product resulting from the Aquaculture Program that, at the time of termination, satisfies at least one of the following criteria (a “Retained Product”):
Retained Products. Synthetic shall be permitted to continue the clinical development and Commercialization in the Field of any Synthetic Product that, at the time of termination, satisfies at least one of the following criteria (a “Retained Product”):
Retained Products. Notwithstanding to the contrary, Elanco shall be permitted to continue, at its sole discretion, the development, commercialization and sale of any Licensed Product directed to such Target that, at the time of termination, satisfies at least one of the following criteria (a “Retained Product”):
Retained Products. Soligenix shall be permitted to continue the development and Commercialization in the Field of any product resulting from the Melioidosis Program that, at the time of termination, satisfies at least one of the following criteria (a “Retained Product”):
Retained Products. ARES TRADING shall have the right, at its election by written notice to Intrexon within [*****] days after the effectiveness of termination by ARES TRADING under Section 11.3 for Intrexon’s or ZIOPHARM’s breach or by Intrexon under Section 11.3 for ARES TRADING’s breach, to continue the Development and Commercialization of any Product (i) for which a Phase 3 Clinical Trial has been Initiated and of which development has not been terminated by ARES TRADING or (ii) that is then being Commercialized by ARES TRADING (a “Retained Product”). If ARES TRADING so elects, or if ARES TRADING terminates this Agreement under Section 11.2 only with respect to the Research Programs (and not in its entirety), then the Research Programs will terminate and this Agreement will remain in full force and effect with respect solely to the Retained Products, including the terms of Article 8. Portions herein identified by [*****] have been omitted pursuant to a request for confidential treatment under Rule 24b-2 of the Securities Exchange Act of 1934, as amended. A complete copy of this document has been filed separately with the Securities and Exchange Commission. Confidential
Retained Products. Genopaver shall be permitted to continue the development and Commercialization in the Field of any product resulting from the Alkaloid Program that, at the time of termination, satisfies at least one of the following criteria (a “Retained Product”):
