ABBOTT Covenant Regarding Blood Screening Sample Clauses

ABBOTT Covenant Regarding Blood Screening. (a) ABBOTT and its Affiliates shall not label or promote any Licensed Product or any product governed by Section 2.3 in any respect for use in Blood Screening; and ABBOTT shall use commercially reasonable efforts to prevent its Authorized Distributors from labeling or promoting any Licensed Products or any product governed by Section 2.3 in any respect for use in Blood Screening. (b) Further, ABBOTT and its Affiliates and Authorized Distributors shall include on or with each Licensed Product a statement to the effect that the Licensed Product is not for use for testing or screening pooled samples containing specimens from more than one individual, or otherwise in blood or plasma screening, using language to be determined by ABBOTT and approved by CHIRON, which approval shall not be unreasonably withheld. The location of such notice shall be the product insert of such Licensed Products or such other reasonably prominent location to be determined by ABBOTT. (c) In the event that ABBOTT or CHIRON becomes aware of any material use of Licensed Products in Blood Screening, such party will promptly notify the other in writing of the relevant facts and, if so requested by CHIRON, ABBOTT will (i) meet and confer with CHIRON in good faith to determine what steps either or both should take to xxxxx such infringing use and (ii) notify in writing any of its customers that engages in such infringing use that use of the relevant Licensed Product in Blood Screening may infringe one or more of the Licensed Patents. (d) Without limiting the labeling and promoting obligations under this Section 13.1, CHIRON shall not xxx XXXXXX, its Affiliates, its Authorized Distributors or its End User customers for the sale or use of a Licensed Product that is suitable for use both as a Product and as a confirmatory or supplemental test in conjunction with the screening of blood, plasma or blood products (a "Confirmatory Test") if the End User customer has substantial noninfringing uses for such Licensed Product in the Field or the Transplantation Field. Further, ABBOTT shall not be obligated to notify such customers pursuant to Section 13.1(c)(ii) with respect to such Licensed Product. (e) Nothing in this Section 13.1 shall apply to any product to the extent that XXXXXX'x activity and that of its Affiliates with respect to such product is either for or through an entity licensed in Blood Screening under the Licensed Patents.
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