Compound Exclusivity. All Project Compounds, other than those excluded in Section 10.4 paragraph 1, shall be exclusive to Novo Nordisk for a period of [***] from the date of first shipment of such Project Compound. At the expiration of such exclusivity period for a given Project Compound, Evotec’s confidentiality obligation as set forth in Section 6.7 with regard to such Project Compound as composition of matter shall end. For the avoidance of doubt, with the exception of the regulation set out in the preceding sentence, Evotec’s confidentiality obligations towards Novo Nordisk regarding all other Novo Nordisk Confidential Information shall continue as outlined in Section 6 and by way of example, Evotec shall not be permitted to use any know-how which is part of the Project IP for screening with any third party Targets.

Compound Exclusivity. The compounds identified in the draft of the Final Report shall not be used in connection with OSI Services to other Third Parties for the period of [***] from the delivery of the draft of the Final Report. Compound exclusivity may be extended upon approval of the Project Team.

Compound Exclusivity. With respect to each Program, for so long during the Term as any research, development or material commercialization activities (including, without limitation, material promotional activities) are being conducted for any Exclusivity Compound in such Program by Targacept in such Program’s Research Program or Early Development Program or by GSK (i.e., by GSK after the exercise of a Program Option) in the Product Candidate Commercialization Program (the “Compound Exclusivity Period”), Targacept hereby covenants that it shall not, either independently or for or with any Third Party (other than subcontractors), research, develop or commercialize any Exclusivity Compound or Related Exclusivity Compound or provide any license to any Third Party (other than subcontractors) to any Targacept Technology specifically pertaining to any Exclusivity Compound or Related Exclusivity Compound for the purpose of the research, optimization, development or commercialization of any Exclusivity Compound or Related Exclusivity Compound, in each case other than in the conduct of a Research Program, Early Development Program or, with respect to a Co-promotion Product following the exercise of Co-promotion Right as permitted hereunder, Product Candidate Commercialization Program.

Compound Exclusivity. For so long as there is any Target Compound or any Licensed Product in [***]* GSK or any of its Affiliates, sublicensees or permitted assigns at any time during the Term of this Agreement against any Collaboration Target, [***]* either independently or with any Third Party, or [***]* any right or license to [***]* with respect to, the discovery, research, development or commercialization of any of the [***]* Collaboration Target for any indication in [***]*. In the event that for any given [***]* successfully achieves Lead Compound Criteria milestone [***]* Leads that will be selected by GSK for [***]* Target Compounds, [***]* * Indicates that certain information contained herein has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. Program for such Collaboration Target for the purposes of this Section 3.8(b), and for the purposes of the licenses granted to GSK under Section 4 for Target Compounds, and as otherwise relevant under this Agreement. In the case where the [***]* with respect to such Collaboration Target, the covenant in this paragraph shall apply, in addition to the Target Compounds, to all [***]* the same Collaboration Target.

Related to Compound Exclusivity

Limited Exclusivity The Sub-Advisor agrees that it will not provide similar services to any other mutual fund which holds itself out to the public as “Environmentally Qualified” or otherwise “Socially Responsible” within the common meanings of those terms. Other than that, it is understood that the services of the Sub-Advisor are not exclusive, and that nothing in this Agreement shall prevent the Sub-Advisor from providing similar services to other investment advisory clients, including but not by way of limitation, investment companies or to other series of investment companies, including the Trust (whether or not their investment objectives and policies are similar to those of the Fund) or from engaging in other activities, provided such other services and activities do not, during the term of this Agreement, interfere in a material manner with the Sub-Advisor’s ability to meet its obligations to the Fund hereunder. When the Sub-Advisor recommends the purchase or sale of a security for other investment companies and other clients, and at the same time the Sub-Advisor recommends the purchase or sale of the same security for the Fund, it is understood that in light of its fiduciary duty to the Fund, such transactions will be executed on a basis that is fair and equitable to the Fund. If the Sub-Advisor provides any advice to its clients concerning the shares of the Fund, the Sub-Advisor shall act solely as investment counsel for such clients and not in any way on behalf of the Trust or the Fund. The Sub-Advisor provides investment advisory services to numerous other investment advisory clients, including but not limited to other funds and may give advice and take action which may differ from the timing or nature of action taken by the Sub-Advisor with respect to the Fund. Nothing in this Agreement shall impose upon the Sub-Advisor any obligations other than those imposed by law to purchase, sell or recommend for purchase or sale, with respect to the Fund, any security which the Sub-Advisor, or the shareholders, officers, directors, employees or affiliates may purchase or sell for their own account or for the account of any client.
Exclusivity Without prejudice to the Company’s rights under Section 5.4, the Company agrees not to appoint any other depositary for issuance of depositary shares, depositary receipts or any similar securities or instruments so long as The Bank of New York Mellon is acting as Depositary under this Deposit Agreement.
Commercialization License Subject to the terms of this Agreement, including without limitation Section 2.2 and Theravance's Co-Promotion rights in Section 5.3.2, Theravance hereby grants to GSK, and GSK accepts, an exclusive license under the Theravance Patents and Theravance Know-How to make, have made, use, sell, offer for sale and import Alliance Products in the Territory.
Research License Each Collaborator shall allow the other Collaborator to practice any of its Non- Subject Inventions for the purpose of performing the Cooperative Work. No license, express or implied, for commercial application(s) is granted to either Collaborator in Non-Subject Inventions by performing the Cooperative Work. For commercial application(s) of Non-Subject Inventions, a license must be obtained from the owner.
Non-Exclusivity The services of the Adviser to the Manager, the Allocated Portion and the Trust are not to be deemed to be exclusive, and the Adviser shall be free to render investment advisory or other services to others and to engage in other activities. It is understood and agreed that the directors, officers, and employees of the Adviser are not prohibited from engaging in any other business activity or from rendering services to any other person, or from serving as partners, officers, directors, trustees, or employees of any other firm or corporation.
No Exclusivity The remedies provided for in this Section 2.09 are not exclusive and shall not limit any rights or remedies which may be available to any indemnified party at law or in equity or pursuant to any other agreement.
SOURCE CODE ESCROW FOR LICENSED PRODUCT If Source Code or Source Code escrow is offered by either Contractor or Product manufacturer or developer to any other commercial customers, Contractor shall either: (i) provide Licensee with the Source Code for the Product; or (ii) place the Source Code in a third party escrow arrangement with a designated escrow agent who shall be named and identified to the State, and who shall be directed to release the deposited Source Code in accordance with a standard escrow agreement acceptable to the State; or (iii) will certify to the State that the Product manufacturer/developer has named the State, acting by and through the Authorized User, and the Licensee, as a named beneficiary of an established escrow arrangement with its designated escrow agent who shall be named and identified to the State and Licensee, and who shall be directed to release the deposited Source Code in accordance with the terms of escrow. Source Code, as well as any corrections or enhancements to such source code, shall be updated for each new release of the Product in the same manner as provided above and such updating of escrow shall be certified to the State in writing. Contractor shall identify the escrow agent upon commencement of the Contract term and shall certify annually that the escrow remains in effect in compliance with the terms of this clause. The State may release the Source Code to Licensees under this Contract who have licensed Product or obtained services, who may use such copy of the Source Code to maintain the Product.
Licensed Product The term “Licensed Product” shall mean any product (a) the manufacture, use, importation, sale or offer for sale of which would, in the absence of the license granted by this Agreement, infringe a Valid Claim of any of the Licensed Patent Rights, or (b) that is comprised of, utilizes or incorporates Licensed Biological Materials, or (c) that is discovered, developed or made using a Licensed Process.
Nonexclusivity This Agreement is not exclusive; accordingly, NASA may enter into similar agreements for the same or similar purpose with other private or public entities.
Royalty Term On a country-by-country and Licensed Product-by-Licensed Product basis, royalty payments in the Territory shall commence upon the first commercial sale of such Licensed Product, whether such sale is to a Public Purchaser, Governmental Authority or private entity or person and whether such sale is made under an EUA or Key Approval, in such country in the Territory and will terminate upon the later of: (a) the expiration, invalidation or abandonment date of the last Valid Claim of the Patents in the country of sale or manufacture of such Licensed Product in the Territory or (b) expiration of regulatory exclusivity of such Licensed Product in such country of sale in the Territory (the “Royalty Term”).

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