Common use of Background excluded Clause in Contracts

Background excluded. “Negative List” 9.1.1 Each Party identifies in itemised form in Attachment 1B its Background which is excluded from the grant of Access Rights for the implementation of the Action or Exploitation of any Results. All other Background is considered Background of that Party made available for granting Access Rights. In addition, each Party may, during the term of the Action, make additions to or amend Attachment 1B solely with the approval of the General Assembly, but may make deletions in said Attachment 1B at its own discretion. 9.1.2 Notwithstanding anything else in this PCA, there shall be no obligation to grant, and no right to be granted, Access Rights to any Background that is listed as excluded in Attachment 1B to this PCA (“Listed Background“). Each Party agrees not to use, in the implementation of the Action, any of its Listed Background, if such use would result in such Listed Background being Needed by any other Party for implementation of the Action or Exploitation of Results. However, if a Party uses any of its Listed Background in a manner that such Listed Background becomes Needed by any other Party for the implementation of the Action or Exploitation of any Results, then such Listed Background shall be deemed removed from Attachment 1B and shall therefore be deemed Background made available for Access Rights by that Party in accordance with the GA and this PCA. 9.1.3 Regarding such Listed Background referred to in the last sentence of Section 9.1.2, the following shall apply: a) If Background includes all or part of a commercially available product of a Party or of a third party, the terms and provisions governing the access to and use of such commercially available product shall be the prevailing terms. b) If the terms under the GA and/or this PCA regarding Access Rights to Background are in conflict with the terms of a pre-existing agreement between the owning Party and another Party or a third party, the terms and provisions of the pre-existing agreement shall be the prevailing terms.

Background excluded. “Negative List” 9.1.1 Each Party identifies in itemised itemized form in Attachment 1B its Background which is excluded it excludes from the grant of Access Rights for the implementation of the Action or Exploitation of any Results. All other Background is considered Background of that Party Party, being made available for granting Access Rights. In addition, each Each Party may, during the term of the Action, make additions to or amend Attachment 1B solely with the approval of the General Assembly, but may make deletions in said Attachment 1B at its own discretionfree will. 9.1.2 Notwithstanding anything else in this PCA, there There shall be no obligation to grant, and no right to be granted, Access Rights to any Background that is listed as excluded in Attachment 1B to this PCA (“Listed Background“). Each Party agrees not to use, in the implementation of the Action, any of its Listed Background, if such use would result in such Listed Background being Needed by any other Party for implementation of the Action or Exploitation of Results. However, notwithstanding the first sentence of this sub-paragraph, if a Party uses any of its Listed Background in a manner that such Listed Background becomes Needed by any other Party for the implementation of the Action or Exploitation of any Results, then such Listed Background shall be deemed removed from Attachment 1B and shall therefore be deemed Background made available for Access Rights by that Party in accordance with the GA and this PCA. 9.1.3 Regarding such Listed Background referred to Notwithstanding anything else in the last sentence of Section 9.1.2this PCA, the following shall apply: a) If Background includes all or part of a commercially available product of a Party or of a third party, the terms and provisions governing the access to and use of such commercially available product shall be the prevailing terms. b) If the terms under the GA and/or this PCA regarding Access Rights to Background are in conflict with the terms of a pre-existing agreement between the owning Party and another Party or a third party, the terms and provisions of the pre-existing agreement shall be the prevailing terms.

Background excluded. “Negative List” 9.1.1 9.1.2.1 Each Party identifies in itemised itemized form in Attachment 1B its Background which is excluded from the grant of Access Rights for the implementation of the Action or Exploitation of any Results. All other Background is considered Background of that Party made available for granting Access Rights. In addition, each Party may, during the term of the Action, make additions to or amend Attachment 1B solely with the approval of the General AssemblyProject Steering Group, but may make deletions in said Attachment 1B at on its own discretionmotion. 9.1.2 9.1.2.2 Notwithstanding anything else in this PCACA, there shall be no obligation to grant, and no right to be granted, Access Rights to any Background that is listed as excluded in Attachment 1B to this PCA CA (“Listed Background“). Each Party agrees not to use, in the implementation of the Action, any of its Listed Background, if such use would result in such Listed Background being Needed by any other Party for implementation of the Action or Exploitation of Results. However, if a Party uses any of its actively provides such Listed Background to another Party for carrying out the latter’s tasks under the Action, causing the Listed Background to be used in a manner that such Listed Background becomes Needed by any other Party for the implementation of the Action or Exploitation of any Results, then such Listed Background shall be deemed removed from Attachment 1B and shall therefore not be deemed Background made available for excluded from obligations to grant Access Rights by that Party in accordance with the GA and this PCA. 9.1.3 Regarding CA. The Party holding the rights pertaining to such Listed Background referred shall therefore confer Access Right to in such Listed Background within the last sentence of same extent as those provided for Background under this Section 9.1.2, the following shall apply: a) If Background includes all or part of a commercially available product of a Party or of a third party, the terms and provisions governing the access to and use of such commercially available product shall be the prevailing terms9. b) If the terms under the GA and/or this PCA regarding Access Rights to Background are in conflict with the terms of a pre-existing agreement between the owning Party and another Party or a third party, the terms and provisions of the pre-existing agreement shall be the prevailing terms.