Exception to Exclusivity. Notwithstanding the exclusivity granted under Section 4.11 (Exclusivity), if HMI, as a result of a Change of Control, is acquired by an entity that, as of the time of such transaction, directly or through an Affiliate, is Researching, Developing, Manufacturing, Commercializing, or otherwise exploiting a [***], [***] of such Change of Control, [***] such [***] may continue to [***] and otherwise [***] (without such [***]) so long as: (a) [***]; and (b) [***] (i) does [***] (including any [***]) or [***] involved in the [***] (provided, that the foregoing [***] but do not [***] or are not otherwise [***] involved in the [***] and (ii) [***] to ensure that such [***]. In addition, [***] (other than [***]) with respect to [***] with respect to [***].
Appears in 4 contracts
Samples: Collaboration and License Agreement (Homology Medicines, Inc.), Collaboration and License Agreement (Homology Medicines, Inc.), Collaboration and License Agreement (Homology Medicines, Inc.)
