Excluded Antibodies Clause Samples
Excluded Antibodies. Subject to (i) MorphoSys’ and/or its Affiliates’ existing (as of the Effective Date) HuCAL agreements, comprising any obligation for MorphoSys and/or its Affiliate(s) to generate or have generated antibodies to which MorphoSys’ and/or its Affiliates’ contract partners have any rights whatsoever, and (ii) any non-therapeutic, non-prophylactic activity of MorphoSys and/or its Affiliate(s), MorphoSys hereby covenants that, during the Term, it and its Affiliates shall not preclinically develop, develop in any human clinical trial, seek Market Authorization for, or in any way commercialize in the MorphoSys Territory any Excluded Antibody. Sublicensees specifically do not make such covenant, and MorphoSys does not make such covenant as to Sublicensees.
Excluded Antibodies. In the event that, pursuant to Section 3.2.1(b), BMS proposes to research or Develop any Antibody other than the Lead Antibody, then, within thirty (30) days of BMS’ proposal to the JDC pursuant to Section 3.2.1(b), including the receipt by Medarex of all Antibody Data with respect thereto, Medarex shall inform BMS if such Antibody is an Excluded Antibody. Neither a Party or its Affiliates shall have the right to research, develop or commercialize any Excluded Antibody, or any product that contains or incorporates an Excluded Antibody hereunder.