Common use of Right to Obtain License Clause in Contracts

Right to Obtain License. If either Party desires to obtain a license under any Third Party’s intellectual property in connection with the Development and Commercialization of Products, such Party will notify the other Party. FibroGen will have the first right (but not the obligation) to obtain such license. If FibroGen elects not to obtain such license, or is unsuccessful in doing so, then AstraZeneca will have the right (but not the obligation) to negotiate and obtain such license at its sole discretion and expense (but subject to Section 8.8(c)). The negotiating Party will obtain such license, with the right to sublicense, in order to permit AstraZeneca to exercise its rights and to perform its obligations under this Agreement. Subject to the foregoing, the terms and conditions involved in obtaining such license shall be determined at such negotiating Party’s sole discretion.