Common use of Use by ABX Clause in Contracts

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.