Common use of Celgene Exception Clause in Contracts

Celgene Exception. It is agreed and understood by the Parties that, (A) solely prior to the enrollment of the first patient in the first Phase II Study of the first Shared Product under this Agreement: (x) any Celgene research, Development, discovery, manufacturing and commercialization activities existing as of the Effective Date or (y) any commercialization activities commenced following the Effective Date, where the applicable compound or product was the subject of ongoing research, Development, discovery, or manufacturing or commercialization activities as of the Effective Date, whether in either case such activities are undertaken by Celgene alone or in conjunction with one or more partners, licensors, licensees, and/or collaborators, are expressly excluded from the provisions of this Section 8.6, and (B) at any time during the Term, Celgene research, discovery, and commercialization activities related to (i) the glutarimide class of drugs, including but not limited to lenalidomide, pomalidomide, and thalidomide; (ii) the activation or inhibition through direct binding to PDE4 (apremilast); (iii) romidepsin drugs; (iv) Celgene’s cell-based therapies; or (v) any drug or program owned or controlled by Celgene on or before the Effective Date that has commenced a Phase III Study or has been Commercialized on or before the Effective Date are expressly excluded from the provisions of this Section 8.6.

Celgene Exception. It is agreed and understood by the Parties that, : (A) solely prior to the enrollment of the first patient in the first Phase II Study of the first Shared Licensed Product under this Agreement: (x) any Celgene research, Development, discovery, manufacturing and commercialization activities existing as of the Effective Date or (y) any commercialization activities commenced following the Effective Date, where the applicable compound or product was the subject of ongoing research, Development, discovery, or manufacturing or commercialization activities as of the Effective Date, whether in either case such activities are undertaken by Celgene alone or in conjunction with one or more partners, licensors, licensees, and/or collaborators, are expressly excluded from the provisions of this Section 8.6, and (B) at any time during the Term, Celgene research, discovery, and commercialization activities related to (i) the glutarimide class of drugs, including but not limited to lenalidomide, pomalidomide, and thalidomide; (ii) the activation or inhibition through direct binding to PDE4 (apremilast); (iii) romidepsin drugs; (iv) Celgene’s cell-based therapies; or (v) any drug or program owned or controlled by Celgene on or before the Effective Date that has commenced a Phase III Study or has been Commercialized on or before the Effective Date are expressly excluded from the provisions of this Section 8.6.