Use by ABX Clause Samples
The 'Use by ABX' clause defines the rights and limitations regarding how ABX may utilize certain assets, information, or intellectual property provided under the agreement. Typically, this clause outlines the specific purposes for which ABX can use the materials, such as for internal business operations, marketing, or further development, and may restrict use to prevent unauthorized distribution or commercial exploitation. Its core practical function is to clearly delineate the scope of ABX's permitted use, thereby protecting the interests of the other party and preventing misuse or overreach.
Use by ABX. It is understood that if GNE does not exercise its Option on or before the Option Exercise Deadline and enter into the [*] Product License with ABX, ABX shall be entitled, in its sole discretion, to exercise ABX's rights under the Xenotech Agreement and enter into the Product License related to the Product Antigen with XT on ABX's own behalf or on behalf of a third party without further obligation to GNE, and ABX shall not be obligated to enter into the [*] Product License with GNE. Notwithstanding the foregoing, nothing in this Section 3.2.5 shall entitle ABX (a) to license or make any other use of any technology, know-how, intellectual property, materials (including, without limitation, any Antibodies, Antibody secreting cells, hybridomas or Genetic Material) or data owned by GNE, ABX, owned jointly by GNE and ABX, and, in each case generated in whole or in part from GNE's or ABX's activities under this Agreement or the MTA in any case without first obtaining GNE's prior written consent, except as expressly provided in this Agreement. [*] Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions.
Use by ABX. It is understood that if ABX has Selected a CGI Antigen or exercised a Buy-In Right for a CGI Antigen and CGI thereafter gives ABX an Abandonment Notice regarding that CGI Antigen as provided in Section 2.4.1, ABX shall be entitled, in its sole discretion, to exercise ABX's option and enter into the Product License related to that Antigen on its own behalf and shall not be obligated to enter into the corresponding CGI Product Sublicense, and shall not be obligated to make the payments to CGI provided under Section 5.1 of this Agreement (although ABX will remain obligated to make the payments, if any, required under Section 6.3); provided, ---------- [***] Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions. however, that in such event CGI shall not be responsible to pay any further amounts due from ABX to XT with respect to such Product License.
Use by ABX. If MBio does not exercise its Option on or before the date set forth in Section 3.1 above, or if MBIO does not promptly thereafter enter into the Antigen Product License, ABX shall be entitled, in its sole discretion, to exercise ABX's rights under the Xenotech Agreement and enter into the XT-ABX Product License related to the Antigen on its own behalf or on behalf of a third party [*], and shall not be obligated to enter into the Antigen Product License with MBio; provided, however, [*]