Common use of Lack of Diligence Clause in Contracts

Lack of Diligence. In the event that Fuso fails to use reasonable efforts to exercise its diligence obligations under Section 5.2.2 with respect to a particular Collaboration Product as to a particular country of the Territory, GenVec may terminate this Agreement with respect to such Collaboration Product as to such country in accordance with Section 11.2. In such event, GenVec shall thereafter have the exclusive rights to commercialize such Collaboration Product in the said country, alone or with third parties.

Lack of Diligence. In the event that Fuso fails to use ----------------- reasonable efforts to exercise its diligence obligations under Section 5.2.2 with respect to a particular Collaboration Product as to a particular country of the Territory, GenVec may terminate this Agreement with respect to such Collaboration Product as to such country in accordance with Section 11.2. In such event, GenVec shall thereafter have the exclusive rights to commercialize such Collaboration Product in the said country, alone or with third parties.