Excluded Compounds. Subject to the terms of Article 7 (including Section 7.1(e)), Genentech agrees to grant and hereby grants (on behalf of itself and its Affiliates) Exelixis, effective upon the Existing Compound becoming an Excluded Compound under Section 3.4(b) or Section 3.4(c) a worldwide, exclusive, royalty-free, perpetual, irrevocable license (with the right to grant sublicenses), under the Genentech Licensed IP, to make, have made, use, sell, offer for sale and import Excluded Compounds and products containing Excluded Compounds.
Excluded Compounds. The Parties expressly acknowledge and agree that GSK shall have no rights under this Agreement with respect to [ * ].
Excluded Compounds. An "Excluded Compound" shall be any CNSI Compound that meets one of the following criteria:
(a) the compound is listed on Exhibit D attached hereto as of the Effective Date;
(b) the compound is selected by a corporate partner of CNSI as a lead candidate for preclinical and clinical development, prior to selection by Allergan of such compound as a Collaboration Compound, Development Compound or Back-Up Compound, and based on such selection the corporate partner makes, in connection with such selection, a significant economic payment to CNSI and commits to use diligence in such efforts, at least comparable to the economic and diligence commitments of Allergan hereunder when Allergan selects a Collaboration Compound, Development Compound or Back-Up Compound;
(c) the compound is a member of a set of up to ********* compounds that are isomers, analogs or homologs of a compound that meets the criteria of subsection (b)
Excluded Compounds. For the avoidance of doubt, to the extent a Joint Sunesis-Biogen Collaboration Patent discloses any use of an Excluded Compound (as defined in the Original Agreement), the composition of matter of which is separately owned by one Party, the other Party shall not have, merely as a result of its joint ownership of such Joint [ * ] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, IS FILED WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24B-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED. Sunesis-Biogen Collaboration Patent, any right, title or interest in or to such Excluded Compound.
Excluded Compounds. For the avoidance of doubt, to the extent a Joint Sunesis-Biogen Collaboration Patent discloses any use of an Excluded Compound (as defined in the Original Agreement), the composition of matter of which is separately owned by one Party, the other Party shall not have, merely as a result of its joint ownership of such Joint Sunesis-Biogen Collaboration Patent, any right, title or interest in or to such Excluded Compound.
Excluded Compounds. An "Excluded Compound" shall be any compound in the SUGEN Library that meets one of the following criteria:
(a) the compound is listed on Exhibit D attached hereto as of the Effective Date;
(b) the compound is selected by a corporate partner of SUGEN as a lead candidate for preclinical and clinical development, prior to selection by Allergan of such compound as a Drug Candidate or Back-up Compound, and based on such selection the corporate partner makes, within a reasonable time after the selection, a significant economic payment to SUGEN and commits to use diligence in such efforts, at least comparable to the economic and diligence commitments of Allergan hereunder and under the License Agreement when Allergan selects a Drug Candidate, unless such compound at the time of such selection by the corporate partner is designated as a Restricted Compound;
Excluded Compounds. Cytovia acknowledges and agrees that certain Axys Compounds are subject to the exercise by Third Parties of rights of exclusivity or rights to restrict use by other parties, including Axys. From time-to-time Axys may be notified that such rights have been exercised. Upon receipt of such notice(s), the Axys Compound(s) to which [ * ] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24b-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED.
Excluded Compounds. As between the Parties, ImmuNext will retain all right, title and interest in and to all Excluded Compounds, and is not granting to Curis or its Affiliates any options, rights or licenses with respect to any Excluded Compounds, including the composition of matter or any method of use or Manufacture thereof.
Excluded Compounds. On at least a quarterly basis during the Research Term, the RSC will review the then-available data regarding each of the Licensed Compounds and determine in good faith whether such Licensed Compound remains a scientifically and commercially viable candidate for continued research and development in the P&G Field as part of the Research Program. In the event that the RSC determines that there is an insufficient scientific or commercial rationale for pursuing continued research and development of a Licensed Compound under the Research Program, then, effective upon such determination (which shall be noted in the minutes of the applicable RSC meeting), the applicable Licensed Compound shall be deemed an “Excluded Compound” for purposes of this Agreement and shall be excluded from the license granted to P&G under Section 5.1.
Excluded Compounds. Due to Selvita constraints in other projects each inclusion of a new compound to the Research Collaboration needs to be approved by the Parties in order to exclude conflict of interest and work on same compounds in different Selvita programs. Within thirty (30) days after each Party has received the results of the primary screening of compounds under the Research Program, each Party shall identify, in writing, to the other Party any compounds screened from such Party’s library that such Party is required to exclude from the Research Collaboration and thus to be excluded from the scope of Program Compounds hereunder; such exclusion to be done only on the basis of pre-existing contractual or intellectual property considerations with respect to Third Parties or on the basis of target selectivity for other targets than the Target (each, an “Excluded Compound”). Notwithstanding anything to the contrary herein, each Party shall retain its ownership rights to its Excluded Compounds.
