Acquisition of Rights from Third Parties. During the Contract Period, Xenogen Cranbury and Pfizer shall each promptly notify each other of any appropriate opportunities to acquire in any manner from third parties, technology or patents or information which it proposes to use in the course of performing the Research Program. Xenogen Cranbury and Pfizer shall discuss if such rights should be acquired in connection with the Research Program and, if so, whether by Xenogen Cranbury, Pfizer or both and how the costs for such acquisition should be allocated, it being understood that nothing herein shall obligate either party to obtain such rights or, if it does acquire such rights, to make such rights available for use in the Research Program.
Acquisition of Rights from Third Parties. During the Research Period, each Party which acquires technology, patents or information in the Area from third parties during the course of the Research Program and wants to use such technology, patents or information in its performance of the Research Program shall obtain the prior written consent of the other Party, such consent not to be unreasonably withheld, prior to using such technology, patents or information in its performance of the Research Program. If the other Party gives the acquiring Party consent to use such third party technology, patents or information in the performance of the Research Program, such technology, patents or information shall be deemed either the Confidential Information or the Technology of the acquiring Party, as appropriate.
Acquisition of Rights from Third Parties. In the event that during the Term, either Party makes a determination that there may be an opportunity to acquire technology or patents or information from a Third Party that may be useful in the Program (collectively, the “Acquired Technology”), such Party, at its sole discretion, will notify the other Party thereof through the Research Committee. Codexis and Shell shall decide, considering the recommendations of the Research Committee and the Oversight Committee, if such rights of a Third Party should be acquired in connection with the Program and, if so, whether by Codexis, Shell or both. If acquired, such rights shall become part of the Confidential Information, Technology or Patent Rights, whichever is appropriate, of the acquiring Party or Parties. Notwithstanding anything to the contrary, the decision to acquire such rights shall not be considered a “technical aspect” for purposes of section 2.2(f) of this Restated and Amended Research Agreement.
Acquisition of Rights from Third Parties. (a) During the Contract Period, Abgenix and Pfizer shall each promptly notify each other of any and all opportunities to acquire in any manner from third parties, technology or patents or information which it elects to use in
Acquisition of Rights from Third Parties. During the Agreement Period, ArQule and Pfizer shall each promptly notify the Steering Committee of any appropriate opportunities to acquire in any manner from third parties, technology or patents or information which it elects to use in the course of performing the Collaboration Program. The Steering Committee shall decide if such rights should be acquired in connection with the Collaboration Program and, if so, whether by ArQule, Pfizer or both, and how acquisition costs in connection therewith should be apportioned between the Parties, it being understood that nothing herein shall obligate either Party to obtain such rights. If acquired, such rights shall become part of the Confidential Information, or Technology, of the acquiring Party, or Program Technology, as appropriate.
Acquisition of Rights from Third Parties. Except with respect to the CTV Materials, the CTV Web Site content furnished by CTV, and any other materials supplied by CTV, for all of which CTV will bear all responsibility, Blue Zone will be responsible for obtaining all rights and/or permissions from any third party, if any, subject to approval by CTV which are necessary for the development and use of the CTV Web Site, subject to the restrictions set forth in this Agreement and in third party commercial software licenses used by Blue Zone in developing and operating the CTV Web Site.(which are subject to approval by CTV ) CTV shall pay all approved costs and expenses associated with obtaining these rights and/or permissions within 45 days of receiving Blue Zone's invoice for same.
Acquisition of Rights from Third Parties. Confidential Information, Technology or Patent Rights, whichever is appropriate, of the acquiring party or Joint Technology, as the case may be.
Acquisition of Rights from Third Parties. 9.1.1 During the Research Program Term, each party will notify the other party of any opportunities, of which such party is aware, to obtain Technology from a third party that may be useful to the Research Program. The parties will discuss in good faith if the Technology should be obtained and, if so, on what terms and by which party.
9.1.2 Pfizer will be responsible for [***] third party patent costs applicable to the obtaining of Technology or Patent Rights related to the Program Target and any Proprietary Chemistries related thereto, if any. Any licenses granted under such third party Technology or Patent Rights [***] sublicensed to Archemix [***] the applicable Research Plan; otherwise, Archemix will [***] such third party license. Archemix will be responsible for [***] third party patent costs applicable to the obtaining of Technology or Patent Rights related to the use of the SELEX™ Process. With respect to any Patent Rights not covered by the foregoing sentences, if either party believes that there exists an issued third party patent in the absence of a license to which the conduct of the Research Program, the development of a Early Lead or Optimized Lead or the commercialization of a Product would infringe a valid claim under such third party patent (a “Blocking Third Party Patent”), it shall notify the Research Committee and the other party. The Research Committee shall discuss in good faith whether, and on what terms, a Blocking Third Party Patent should be licensed for the purposes of this Agreement. If, in making any such decision, Archemix concludes that a license to such Blocking Third Party Patent is not necessary and Pfizer disagrees with such decision, Pfizer shall have the right to enter into a license for itself under such Blocking Third Party Patent. Any licenses obtained by Pfizer under such Blocking Third Party Patent [***] sublicensed to Archemix [***] the applicable Research Plan; otherwise, Archemix will [***] such license to any such Portions of this Exhibit were omitted and have been filed separately with the Secretary of the Commission pursuant to the Company’s application requesting confidential treatment under Rule 406 of the Securities Act. Blocking Third Party Patent.
9.1.3 Notwithstanding the foregoing, this Section 9 shall not prohibit or restrict either party from entering into agreements with one or more third parties with respect to any such Technology.
Acquisition of Rights from Third Parties. During the Research Program a party will notify the other party of any opportunities to obtain Technology from a third party that may be useful to the Research Program. The parties will decide if the Technology should be obtained and, if so, agree on what terms and by which party.
Acquisition of Rights from Third Parties. During the Contract Period, Mitokor and Pfizer shall each promptly notify each other of any appropriate opportunities to acquire in any manner from third parties, technology or patents or information which it elects to use in the course of performing the Research Program. Mitokor and Pfizer shall decide if such rights should be acquired in connection with the Research Program and, if so, whether by Mitokor, Pfizer or both, it being understood that nothing herein shall obligate either party to obtain such rights or, if it does acquire such rights, to make such rights available for use in the Research Program. If acquired such rights shall become part of the Confidential Information, Technology or Patent Rights, whichever is appropriate, of the acquiring party or Program Technology, as the case may be.
