Common use of CHIRON COVENANT REGARDING FIELD Clause in Contracts

CHIRON COVENANT REGARDING FIELD. (a) CHIRON and its Affiliates shall not, and CHIRON shall require any of its future licensees under the CHIRON Licensed Patents that are licensed in Blood Screening to agree not to, label or promote, in any respect for use in the Field, any product sold in, labeled or promoted for use in Blood Screening [CONFIDENTIAL TREATMENT REQUESTED], which product detects nucleic acid sequences of HIV. (b) Further, CHIRON and its Affiliates shall, and CHIRON shall require its future licensees in Blood Screening to, include with each such HIV product sold by CHIRON or its Affiliates or licensees in Blood Screening a statement to the effect that such product is not for use in the Field, using language to be determined by CHIRON and approved by ROCHE, which approval shall not be unreasonably withheld. The location of such notice shall be in the product insert for such product or such other reasonably prominent location to be determined by CHIRON. (c) In the event that CHIRON or ROCHE becomes aware of any material use of any such product in the Field, such party will promptly notify the other in writing of the relevant facts and, if so requested by ROCHE, CHIRON will (i) meet and confer with ROCHE in good-faith to determine what steps either or both of them should take to xxxxx such use and (ii) notify in writing any of its customers that engage in such use that use of the relevant product in the Field may infringe one or more of the CHIRON Licensed Patents. (d) Nothing in this Section 12.4 shall apply to any product to the extent that CHIRON's activity and that of its Affiliates or licensees with respect to such product either (i) is for or through an entity that is licensed under the CHIRON Licensed Patents in the Field or (ii) is within CHIRON's rights to practice in the Field, pursuant to its rights retained under, and subject to the limitations of, Section 2.1.

CHIRON COVENANT REGARDING FIELD. (a) CHIRON and its Affiliates shall not, and CHIRON shall require any of its future licensees under the CHIRON Licensed Patents that are licensed in Blood Screening to agree not to, label or promote, in any respect for use in the Field, any product sold in, labeled or promoted for use in Blood Screening [CONFIDENTIAL TREATMENT REQUESTED]Screening, which product detects nucleic acid sequences of HIVHCV. (b) Further, CHIRON and its Affiliates shall, and CHIRON shall require its future licensees in Blood Screening to, include with each such HIV HCV product sold by CHIRON or its Affiliates or licensees in Blood Screening a statement to the effect that such product is not for use in the Field, using language to be determined by CHIRON and approved by ROCHE, which approval shall not be unreasonably withheld. The location of such notice shall be in the product insert for such product or such other reasonably prominent location to be determined by CHIRON. (c) In the event that CHIRON or ROCHE becomes aware of any material use of any such product in the Field, Field such party will promptly notify the other in writing of the relevant facts and, if so requested by ROCHE, CHIRON will (i) meet and confer with ROCHE in good-faith to determine what steps either or both of them should take to xxxxx such use and (ii) notify in writing any of its customers that engage in such use that use of the relevant product in the Field may infringe one or more of the CHIRON Licensed Patents. (d) Nothing in this Section 12.4 12.6 shall apply to any product to the extent that CHIRON's activity and that of its Affiliates or licensees with respect to such product either (i) is for or through an entity that is licensed under the CHIRON Licensed Patents in the Field or (ii) is within CHIRON's rights to practice in the Field, pursuant to its rights retained under, and subject to the limitations of, Section 2.1. (e) The understanding and intent of the parties is that the amendments made by this Agreement reflect the unique circumstances applicable to ROCHE arising from the fact that ROCHE is a licensee under both this Agreement and the Blood Screening Agreements, and that, taking such unique circumstances into account, this Agreement imposes new burdens on ROCHE rather than granting new benefits to ROCHE. [***]

CHIRON COVENANT REGARDING FIELD. (a) CHIRON and its Affiliates shall not, and CHIRON shall require any of its future licensees under the CHIRON Licensed Patents that are licensed in Blood Screening to agree not to, label or promote, in any respect for use in the Field, any product sold in, labeled or promoted for use in Blood Screening [CONFIDENTIAL TREATMENT REQUESTED], which product detects nucleic acid sequences of HIVHCV. (b) Further, CHIRON and its Affiliates shall, and CHIRON shall require its future licensees in Blood Screening to, include with each such HIV HCV product sold by CHIRON or its Affiliates or licensees in Blood Screening a statement to the effect that such product is not for use in the Field, using language to be determined by CHIRON and approved by ROCHE, which approval shall not be unreasonably withheld. The location of such notice shall be in the product insert for such product or such other reasonably prominent location to be determined by CHIRON. (c) In the event that CHIRON or ROCHE becomes aware of any material use of any such product in the Field, such party will promptly notify the other in writing of the relevant facts and, if so requested by ROCHE, CHIRON will (i) meet and confer with ROCHE in good-faith to determine what steps either or both of them should take to xxxxx such use and (ii) notify in writing any of its customers that engage in such use that use of the relevant product in the Field may infringe one or more of the CHIRON Licensed Patents. (d) Nothing in this Section 12.4 shall apply to any product to the extent that CHIRON's activity and that of its Affiliates or licensees with respect to such product either (i) is for or through an entity that is licensed under the CHIRON Licensed Patents in the Field or (ii) is within CHIRON's rights to practice in the Field, pursuant to its rights retained under, and subject to the limitations of, Section 2.1.

CHIRON COVENANT REGARDING FIELD. (a) CHIRON and its Affiliates shall not, and CHIRON shall require any of its future licensees under the CHIRON Licensed Patents that are licensed in Blood Screening to agree not to, label or promote, in any respect for use in the Field, any product sold in, labeled or promoted for use in Blood Screening [CONFIDENTIAL TREATMENT REQUESTED]] , which product detects nucleic acid sequences of HIVHCV. (b) Further, CHIRON and its Affiliates shall, and CHIRON shall require its future licensees in Blood Screening to, include with each such HIV HCV product sold by CHIRON or its Affiliates or licensees in Blood Screening a statement to the effect that such product is not for use in the Field, Field using language to be determined by CHIRON and approved by ROCHEABBOTT, which approval shall not be unreasonably withheld. The location of such notice shall be in the product insert for such product or such other reasonably prominent location to be determined by CHIRON. (c) In the event that CHIRON or ROCHE ABBOTT becomes aware of any material use of any such product in the Field, such party will promptly notify the other in writing of the relevant facts and, if so requested by ROCHEABBOTT, CHIRON will (i) meet and confer with ROCHE ABBOTT in good-faith to determine what steps either or both of them should take to xxxxx such use and (ii) notify in writing any of its customers that engage in such use that use of the relevant product in the Field may infringe one or more of the CHIRON Licensed Patents. (d) Nothing in this Section 12.4 13.3 shall apply to any product to the extent that CHIRON's activity and that of its Affiliates or licensees with respect to such product either (i) is for or through an entity that is licensed under the CHIRON Licensed Patents in the Field or (ii) is within CHIRON's rights to practice in the Field, pursuant to its rights retained under, and subject to the limitations of, Section 2.1.

CHIRON COVENANT REGARDING FIELD. (a) CHIRON and its Affiliates shall not, and CHIRON shall require any of its future licensees under the CHIRON Licensed Patents that are licensed in Blood Screening to agree not to, label or promote, in any respect for use in the Field, any product sold in, labeled or promoted for use in Blood Screening [CONFIDENTIAL TREATMENT REQUESTED]Screening, which product detects nucleic acid sequences of HIV. (b) Further, CHIRON and its Affiliates shall, and CHIRON shall require its future licensees in Blood Screening to, include with each such HIV product sold by CHIRON or its Affiliates or licensees in Blood Screening a statement to the effect that such product is not for use in the Field, using language to be determined by CHIRON and approved by ROCHE, which approval shall not be unreasonably withheld. The location of such notice shall be in the product insert for such product or such other reasonably prominent location to be determined by CHIRON. (c) In the event that CHIRON or ROCHE becomes aware of any material use of any such product in the Field, such party will promptly notify the other in writing of the relevant facts and, if so requested by ROCHE, CHIRON will (i) meet and confer with ROCHE in good-faith to determine what steps either or both of them should take to xxxxx such use and (ii) notify in writing any of its customers that engage in such use that use of the relevant product in the Field may infringe one or more of the CHIRON Licensed Patents. (d) Nothing in this Section 12.4 12.6 shall apply to any product to the extent that CHIRON's activity and that of its Affiliates or licensees with respect to such product either (i) is for or through an entity that is licensed under the CHIRON Licensed Patents in the Field or (ii) is within CHIRON's rights to practice in the Field, pursuant to its rights retained under, and subject to the limitations of, Section 2.1. (e) The understanding and intent of the parties is that the amendments made by this Agreement reflect the unique circumstances applicable to ROCHE arising from the fact that ROCHE is a licensee under both this Agreement and the Blood Screening Agreements, and that, taking such unique circumstances into account, this Agreement imposes new burdens on ROCHE rather than granting new benefits to ROCHE. [***].