Acquisition of Competing Product. Notwithstanding any other provision hereof, the restrictions relating to assays described in Section 3 above do not apply to, and shall not restrict, on a product-by-product basis, the commercialization of an Existing Competing Product (as defined below) acquired as part of an acquisition of a third party or business by Applera or any Affiliate, nor shall any such provision prohibit an acquirer of Applera from continuing to commercialize an Existing Competing Product following its acquisition of Applera.
Appears in 4 contracts
Samples: Operating Agreement (Celera CORP), Operating Agreement (Applied Biosystems Inc.), Operating Agreement (Celera CORP)
