Common use of STATUTORY AND NIH REQUIREMENTS AND RESERVED GOVERNMENT RIGHTS Clause in Contracts

STATUTORY AND NIH REQUIREMENTS AND RESERVED GOVERNMENT RIGHTS. 5.1 (a) The NIH reserves on behalf of the Government an irrevocable, nonexclusive, nontransferable, royalty-free license for the practice of all inventions licensed under the Licensed Patent Rights throughout the world by or on behalf of the Government and on behalf of any foreign government or international organization pursuant to any existing or future treaty or agreement to which the Government is a signatory. Prior to the First Commercial Sale, the Licensee agrees to provide the NIH with reasonable quantities of Licensed Products or materials or procedures associated with the Licensed Products or materials made through the Licensed Processes for the NIH research use. Given the nature of the envisioned Licensed Products as personalized autologous cell therapy products, if any Licensed Products and/or materials made through the Licensed Processes are not available in reasonable quantities for NIH research use, they shall not be subject to the foregoing obligation; and

STATUTORY AND NIH REQUIREMENTS AND RESERVED GOVERNMENT RIGHTS. 5.1 (a) The a)The NIH reserves on behalf of the Government an irrevocable, nonexclusive, nontransferable, royalty-free royalty‑free license for the practice of all inventions licensed under the Licensed Patent Rights throughout the world by or on behalf of the Government and on behalf of any foreign government or international organization pursuant to any existing or future treaty or agreement to which the Government is a signatory. Prior to the First Commercial Sale, the Licensee agrees to provide the NIH with reasonable quantities of Licensed Products or materials or procedures associated with the Licensed Products or materials made through the Licensed Processes for the NIH research use. Given the nature of the envisioned Licensed Products as personalized autologous cell therapy products, if any Licensed Products and/or materials made through the Licensed Processes are not available in reasonable quantities for NIH research use, they shall not be subject to the foregoing obligation; andand * ***Confidential Treatment Requested CONFIDENTIAL A-276-2014 NIH Patent License Agreement - Exclusive Page 6 [Kite Pharma, Inc.] [September 28, 2015]