Common use of Elan Competing Product Clause in Contracts

Elan Competing Product. For the term of the Agreement, Elan shall not itself or through an Affiliate or Third Party commercialise or, develop in the Territory nor license another party in the Territory to commercialise or develop any other sustained release oral dosage form for prescription use in humans which contains the Compound or any Alternate Compound as an active ingredient for: 2.8.1 the indication of SCI; and/or 2.8.2 the indication of MS; and/or 2.8.3 any other Indications, subject, during the term of the Merck Agreement, to any contractual obligations of Elan under the Merck Agreement with respect to a formulation using Nanoformulation technology (as defined in the Merck Agreement). (each, an “Elan Competing Product”).