BY METAMORPHIX Sample Clauses
BY METAMORPHIX. MetaMorphix and GI agree that, for so long as the licenses granted to GI, under Sections 6.3.2(a) and 6.4.2(a), with respect to the development and commercialization of Products based on GDF-8. remain in effect, MetaMorphix will not sell or otherwise distribute any GDF-8 Derivative Product for use in the GI Field (only to the extent that the intended goal of such GDF-8 Derivative Product is to modulate the effects of GDF-8). The preceding sentence shall not apply to any products that MetaMorphix obtains from a Third Party who has developed (or obtained from another Third Party who has developed) such products without infringing issued patents of another Party included within such other Party's Patent Rights under this Agreement, which products were fully developed by or on behalf of such Third Parry without the use of any of the JHU Know-How, the GI Know- How or any Confidential Information of JHU or GI. GI's right to enforce this Section 6.8.1 shall not be assignable, except to its Affiliates.
BY METAMORPHIX. In the event MetaMorphix breaches and fails to cure such breach within the sixty (60) day cure period or otherwise withdraws from, or ceases to be a Party to, this Agreement, GI, at its option, within thirty (30) days after the expiration of the sixty (60) day cure period or GI's receipt of written notice that MetaMorphix has ceased to be a Party to this Agreement, as applicable, may assume MetaMorphix' rights and obligations under this Agreement, including, without limitation, MetaMorphix' rights under the license from JHU set forth in Section 6.2, above, and MetaMorphix's obligation to pay royalties and fees to JHU, at the rates and in the amounts set forth in this Agreement, or at such other rates and amounts as JHU and GI shall agree are appropriate under the circumstances. An assignment in accordance with Section 15.8 shall not constitute a withdrawal.
BY METAMORPHIX. MetaMorphix and GI agree that, for so long as the licenses granted to GI, under Section 2.1, with respect to the Product Development and commercialization of GDF-8 Licensed Products, remain in effect, MetaMorphix will not sell or otherwise distribute any GDF-8 Product or GDF-8 Derivative Product for use in the GI Field. The preceding sentence shall not apply to any products that MetaMorphix obtains, other than through the grant of rights under the 1999 Agreement, from a Third Party who has developed (or obtained from another Third Party who has developed) such products without infringing issued patents of GI included within the GI GDF-8 Patent Rights under this Agreement, which products were fully developed by or on behalf of such Third Party without the use of any of the GI GDF-8 Know-How or any Confidential Information of GI. GI's right to enforce this Section 2.5.1 shall not be assignable, except to its Affiliates. This Section 2.5.1 is not intended as an amendment of Section 6.8.1 of the 1999 Agreement but, rather, confers rights and obligations in addition to those set forth in Section 6.8.1 of the 1999 Agreement.