Conversion to Non-Exclusive License. If (i) the Exclusivity Covenant is terminated as provided in Section 3.5 or (ii) the exclusive license granted under this Agreement is converted to a non-exclusive license for any Licensed Product as provided in Section 3.5, this Agreement is automatically amended as follows as it relates to such Licensed Product; (a) the exclusive license of Section 2.1 becomes a non-exclusive license, (b) TGTX loses the right to grant sublicenses under Section 2.3; provided that any sublicense granted prior to such conversion shall continue and not be affected by such conversion, (c) the obligations of Sections 3.1 through 3.4 continue to apply, (d) the obligation under Section 3.10 no longer applies, (e) TGTX has no further rights or obligations under Article VI; provided that CTI shall keep TGTX apprised of any new filings of patent applications and issuance of patents that fall within the DFCI Patents, and (f) CTI has the sole right to pursue apparent infringements and the terms of Article VI no longer apply.
Conversion to Non-Exclusive License. In addition to the provision set forth in Section 9.2 above, Licensor shall have the option, at its sole discretion, to convert the license set forth in this Agreement to a non-exclusive license if the Licensees or their Sublicensees have not commercialized a Licensed Product after a period of ten years from the Effective Date.
Conversion to Non-Exclusive License. (a) Burcon shall be entitled, at its option, to convert the Exclusive License to a Non-Exclusive License (the "Non-Exclusive License") if: and Burcon shall be entitled to make, have made, use, market and sell Products on a non-exclusive basis, and to grant any such rights to any other Person.
(b) ADM will be entitled, at its option, to convert the Exclusive License to a Non-Exclusive License if [commercially sensitive information redacted].
Conversion to Non-Exclusive License. If the exclusive license granted under this Agreement is converted to a non-exclusive license for any Licensed Product, this Agreement is automatically amended as follows as it relates to such Licensed Product; (a) the exclusive license of Section 2.1 becomes a non-exclusive license, (b) CTI loses the right to grant sublicenses under Section 2.3; provided that any sublicense granted prior to such conversion shall continue and not be affected by such conversion, (c) the obligations of Sections 3.1 through 3.4 continue to apply, (d) the obligation under Section 3.10 no longer applies, (e) CTI has no further rights or obligations under Article VI; provided that DFCI shall keep CTI apprised of any new filings of patent applications and issuance of patents that fall within the DFCI Patents, and (f) DFCI has the sole right to pursue apparent infringements and the terms of Article VI no longer apply.
Conversion to Non-Exclusive License. The License grant set out in Section 2.1 shall automatically become non-exclusive, if Licensee has not paid SAIC, within thirty six (36) months after Project Completion, a cumulative amount under this Agreement equal to at least two million dollars ($2,000,000).
Conversion to Non-Exclusive License. If Licensee elects not to make Minimum Royalty Payments to Licensor for an entire year as permitted by Section 3.e, the license granted in Section 2.a may become, at the option of Licensor, non-exclusive upon sixty (60) days written notice if the past due Minimum Royalty Payments are not paid during this sixty (60) day period.
Conversion to Non-Exclusive License. If any exclusive right or license granted under this Agreement is converted to a non-exclusive license, this Agreement is automatically amended as follows. With respect to the subject matter of the conversion only, (a) the exclusive license of Section 2.1 becomes a non-exclusive license and the option in Section 2.1.2 terminates, (b) Licensee loses the right to grant further sublicenses under Section 2.5, provided that, sublicenses granted prior to such conversion shall remain in effect, (c) the obligations of paragraphs 5.1.1, 5.1.2, 5.1.5, 5.1.6 (as it applies to Section 2.5.4) and 5.1.7 continue to apply but the other paragraphs of Section 5.1 are waived, and (d) the obligation under Section 5.2 no longer applies.
Conversion to Non-Exclusive License. If the First Commercial Sale of a Licensed Product has not occurred by the fifth (5th) anniversary of the Effective Date, except to the extent due the breach of this Agreement or the Supply Agreement by ALL, then ALL may, within forty five (45) days of such fifth (5th) anniversary of the Effective Date, provide GenMark written notice (“Conversion Notice”) of its intention to convert the exclusive licenses granted to GenMark in Sections 5.1.1. 5.1.2 and 5.2 to non-exclusive licenses. GenMark shall have to option to maintain the exclusivity of the licenses granted to GenMark in Sections 5.1.1. 5.1.2 and 5.2 by, within thirty (30) days of GenMark’s receipt of a Conversion Notice (“Extended Exclusivity Option Period”), providing notice thereof to ALL (“Exclusivity Extension Exercise”) and paying ALL *** (“Exclusivity Extension Fee”). If ALL has timely provided a Conversion Notice and GenMark has not, within the Extended Exclusivity Option Period, provided ALL with an Exclusivity Extension Exercise notice and paid the Exclusivity Extension Fee, the licenses granted to GenMark in Sections 5.1.1. 5.1.2 and 5.2 shall become non-exclusive. If ALL has timely provided a Conversion Notice and GenMark has timely provided ALL with an Exclusivity Extension Exercise notice and paid the Exclusivity Extension Fee, the licenses granted to GenMark in Sections 5.1.1. 5.1.2 and 5.2 shall remain exclusive, provided that the First Commercial Sale of a Licensed Product occurs by the seventh (7th) anniversary of the Effective Date. If the First Commercial Sale of a Licensed Product has not occurred by the seventh (7th) anniversary of the Effective Date, except to the extent due the *** Portions of this page have been omitted pursuant to a request for Confidential Treatment filed separately with the Commission. breach of this Agreement or the Supply Agreement by ALL, then ALL shall have the right to terminate this Agreement pursuant to Section 10.2.1. If paid, the Exclusivity Extension Fee shall be fully creditable against any future payment due to ALL pursuant to Section 6.4.
Conversion to Non-Exclusive License. In the event of the expiration of this Agreement at the end of the Term, the Company shall retain a perpetual, non-exclusive (subject to Section 2.A(iv)), royalty-free (subject to Section 2.A(iii) and (vii) and Section 2.B) right and license under the AMYRIS Licensed IP, in each case that is necessary or, in the case of the AMYRIS Farnesene Production IP, useful to Make and Sell JV Jet Products within the Territory.
Conversion to Non-Exclusive License. Upon an election by MEE (at its sole discretion) to convert the exclusive license granted under this Agreement with respect to a Licensed Gene Sequence to a non-exclusive license pursuant to Section 8.2.2, this Agreement is automatically amended as follows with respect to any such Licensed Gene Sequence; (a) the exclusive license of Section 2.1 becomes a non-exclusive license and all payment obligations of Licensee under Article 3 with respect to such Licensed Gene Sequence shall be reduced by [***] percent [***]%) from the amounts that would otherwise be applicable, (b) Licensee loses the right to grant any further sublicenses not already granted as of the date of such conversion under Section 2.5, (c) the obligations under Sections 5.1 and 5.4 shall continue to apply in full force and effect, (d) Licensee has no further rights under Section 6.1, 6.2 and 6.3, and (e) MEE has the sole right to pursue apparent infringements and the terms of Article 7 no longer apply.
