Collaboration Hits Not Qualifying as Validated Hits Sample Clauses

Collaboration Hits Not Qualifying as Validated Hits. With respect to Collaboration Hits in each Semi-Annual Pool that do not qualify as Validated Hits, Monsanto may elect, by written notice to Evogene within ninety (90) days of Evogene’s delivery of the results of Core Validation or Model Plant Validation, as the case may be, for each Semi-Annual Pool, either: (1) to reimburse Evogene, as set forth in Section 6.12, for Evogene’s costs of Core Validation or Model Plant Validation, as applicable, for all Collaboration Hits in such Semi-Annual Pool, in which event Monsanto shall retain its licenses hereunder to all Collaboration Hits in such Semi-Annual Pool that do not qualify as Validated Hits, or (2) to elect not to reimburse Evogene for Evogene’s costs of Core Validation or Model Plant Validation, as applicable, for all Collaboration Hits in such Semi-Annual Pool, in which event Monsanto shall (A) have the right to retain its licenses hereunder to up to [* * *] ([* * *]%) of such Collaboration Hits that did not qualify as Validated Hits, as designated by Monsanto, and (B) have the right to retain its licenses hereunder to any Collaboration Hits in such Semi-Annual Pool that did not qualify as Validated Hits, in addition to those selected in clause (A) above, provided that each group of additional Collaboration Hits so designated during a Collaboration Year (a “Special Gene Group” for such Collaboration Year) shall be subject to the Monsanto Diligence Obligations set forth in Section 5.10.6 below. Monsanto’s licenses hereunder shall terminate automatically as to any Collaboration Hits from such Semi-Annual Pool that Monsanto does not elect to retain under the preceding clauses (A) and (B), but such Collaboration Hits and all Collaboration Hit Homologs thereof remain subject to Section 4.1.