Arrays. On the Expiration Date, Rosetta shall retain the right in, to and under the Agilent Technology to design, develop, use, support and manufacture Arrays for internal use only (internal use includes, without limitation, the right to use Arrays in providing commercial services to Third Parties), and Rosetta shall retain the right to purchase Arrays pursuant to Section 7.9 hereof. To the extent any Inkjet Technology or aspects of the Rosetta Technology that pertain to the fabrication of Arrays is incorporated into the development, manufacture or use of an Array or any Component thereof as of the Expiration Date, Agilent shall have, and Rosetta hereby grants to Agilent, a worldwide, non-exclusive, irrevocable license in, to and under such Inkjet Technology and such aspects of the Rosetta Technology that pertain to the fabrication of Arrays to manufacture, offer for sale and sell Arrays including in connection with [***] except in connection with the field of [***] for the later of (i) the duration of the term of any valid patent within the licensed Inkjet Technology or * Material has been omitted pursuant to a request for confidential treatment, and such material has been filed separately with the SEC. such aspects of the Rosetta Technology that pertain to the fabrication of Arrays covering the design, manufacture or use of an Array or any Component thereof or (ii) for so long (but in no event beyond the [***] of the Expiration Date) as any Rosetta Know-How incorporated therein is material to the design, development, manufacture or use of an Array or any Component thereof, and Agilent shall, for the duration of such period, pay Rosetta a commercially reasonable royalty on Net Revenues of such Arrays taking into account the Rosetta Technology so incorporated (as evidenced by the royalty rate, if any, in effect as of the Expiration Date); such royalty payments to be made at such times and pursuant to the reports required to be delivered in accordance with Section 7.7 hereof.
Arrays. Arrays shall be exclusively offered to Third Parties by Agilent according to the Product Plan therefor developed by the Parties hereunder.
Arrays. Subject to the terms and conditions of this Agreement (including, without limitation, Section 7 hereof), Agilent hereby grants to Rosetta a worldwide license, co-exclusive with Agilent, in, to and under Agilent Technology, to design, develop, use, support, and manufacture Arrays for internal use only (internal use includes, without limitation, the right to use Arrays in providing commercial services to Third Parties). Agilent represents that it has not heretofore granted, and during the Term shall not grant, any licenses in, to and under the Agilent Technology that would grant the licensee the right to design, develop, manufacture, sell or use Arrays.
Arrays. Subject to the terms and conditions of this Agreement (including, without limitation, Section 7 hereof) and the University of Washington License Agreement, Rosetta hereby grants to Agilent (A) a worldwide license, co-exclusive with Rosetta in, to and under the Inkjet Technology and such aspects of the Rosetta Technology that pertain to the fabrication of Arrays to develop and use Arrays for internal use [***], (B) a worldwide exclusive license in, to and under the Inkjet Technology and such aspects of the Rosetta Technology that pertain to the fabrication of Arrays to manufacture for sale, market, offer for sale and sell Arrays [***] and (C) a worldwide non-exclusive license in, to and under the Inkjet Technology and such aspects of the Rosetta Technology that pertain to the fabrication of Arrays to develop, manufacture for sale, market, offer for sale and sell Arrays in the field of Diagnostic Products. Rosetta represents that it has not heretofore granted, and during the Term shall not grant, any other licenses in, to and under the Inkjet Technology or such aspects of the Rosetta Technology that pertain to the fabrication of Arrays that would grant the licensee the right to develop, manufacture for commercial sale, market, offer for sale, sell or use Arrays except outside the Agilent Field. Agilent may sublicense the manufacturing and the distribution rights granted to it under this subsection 2.6(a)(ii) to any Affiliate or to the entities indicated on Exhibit H and, with the prior written consent of Rosetta (not to be unreasonably withheld), to any other Third Party. No other license rights granted to Agilent pursuant to this Section 2.6(a)(ii) may be sublicensed or transferred by Agilent.
Arrays. The BAGS classifier generated using the Human Exon 1.0 ST Array platform was able to classify all B-cell subsets with 100% accuracy.
Arrays. Inspect arrays for soiling, evidence of pest infestation, water pooling, vegetation growth, shading or damage. Photo-document general condition of each array, noting location of any issues requiring remediation beyond PM visit time allocation.
Arrays. For each Probe Array delivered to N-Mer or its Affiliates for distribution to end users, N-Mer shall pay Affymetrix according to the following formula: PER UNIT PROBE ARRAY PRICE = [***] where [***] is calculated under general accepted accounting principles as applied by [***]. For purposes of clarity, for capital equipment paid for by N-Mer at the time such capital equipment is purchased, pursuant to Section 3.3, the [***]. For the purposes of calculating the [***] described in the above formula, Affymetrix will look to [***]. Notwithstanding the foregoing, in no event shall Affymetrix charge N-Mer more than the following amounts for Standard Custom Probe Arrays: $[***] per Standard Custom Probe Array in a [***] Probe Array/wafer format; $[***] per Standard Custom Probe Array in a [***] Probe Array/wafer format; $[***] per Standard Custom Probe Array in a [***] Probe Array/wafer format and $[***] per Standard Custom Probe Array in a [***] Probe Array/wafer format.
