Dyax Retained Rights. Any rights of Dyax not expressly granted to Fovea, or otherwise expressly restricted or limited, under the provisions of this Agreement shall be retained by Dyax. Without limiting the generality of the immediately preceding sentence, Dyax shall retain the right, subject to the provisions of Article IX and Section 10.1 hereof, to (a) exploit and license Dyax Intellectual Property to Develop, Manufacture and Commercialize products containing the Compound within or outside the Field in the Dyax Territory, without any duty to obtain Fovea’s consent for such exploitation or license and, except as expressly provided in this Agreement, with respect to the Development, Manufacture or Commercialization by Dyax of Products in the Dyax Territory, without any duty to account to Fovea for such exploitation or license, (b) exploit and license Dyax Intellectual Property to Develop, Manufacture and Commercialize products containing the Compound outside the Field in the Fovea Territory, without any duty to account to Fovea or obtain Fovea’s consent for such exploitation, (c) exploit Dyax Intellectual Property for purposes unrelated to products containing the Compound, without any duty to account to Fovea or obtain Fovea’s consent for such exploitation, and (d) participate in the Development, Manufacture and Commercialization of the Product in accordance with this Agreement and any Supplemental Development Plan, and otherwise to exercise Dyax’s rights and perform Dyax’s obligations under this Agreement and/or the Supply Agreements, as applicable.
Dyax Retained Rights. Subject to Sections 4.2(a), 4.2(b), and 4.3, any rights of Dyax not expressly granted to Cubist, or otherwise expressly restricted or limited, under this Agreement shall be retained by Dyax. Without limiting the generality of the immediately preceding sentence, Dyax shall retain the right to (i) exploit and license Dyax Intellectual Property to Develop, Manufacture and Commercialize Product in the Field in the Dyax Territory, without any duty to account to Cubist or obtain Cubist’s consent for such exploitation or license, (ii) exploit and license Dyax Intellectual Property to Develop, Manufacture and Commercialize Products outside the Field in the Cubist Territory, without any duty to account to Cubist or obtain Cubist’s consent for such exploitation, (iii) exploit Dyax Intellectual Property for purposes unrelated to Products or Competing Products without any duty to account to Cubist or obtain Cubist’s consent for such exploitation, and (iv) otherwise exercise Dyax’s rights and perform Dyax’s obligations under this Agreement and the Supply Agreement. Notwithstanding the foregoing, Dyax and its Related Parties shall have no rights under the Cubist Intellectual Property to exploit the Dyax Intellectual Property, except as expressly set forth in Section 3.4.
