Expiration of Pre-Existing Restrictions. If any Pre-Existing Restrictions identified in a Target Response Notice that precluded Arcturus from granting CureVac a license (whether or not CureVac has elected to designate such Target on the Reserved Target List on a non-exclusive basis subject to the Pre-Existing Restriction) under the Arcturus LMD Technology later expire or otherwise are modified or terminated such that Arcturus is no longer precluded under the terms of the applicable Third Party agreement from granting a license to CureVac with respect to such Target, the Trusted Arcturus Employee will notify CureVac of such event and CureVac will have an exclusive option, for a period of thirty (30) days following delivery of notice to CureVac, to add (or extend its rights) such Target to the Reserved Target List as a Reserved Target in accordance with Section 4.2(c), subject to the Concurrent Reserved List Limits. For clarity, CureVac will at all times thereafter have the right to provide a Target Notice for such Target to the Trusted Arcturus Employee pursuant to Section 4.2(b) but such Target Notice will be subject to any intervening Pre-Existing Restrictions.
Expiration of Pre-Existing Restrictions. If at any time during the period in which Xxxxxxx is eligible to make a Replacement Decision under Section 2.6.1 (Replacement Decision), any Pre-Existing Restriction that precluded Xxxxxxx from selecting a proposed Replacement Target MoA as a Target that Xxxxxxx previously proposed under Section 2.6.1 (Replacement Decision) later expires, terminates or is otherwise modified such that such proposed Replacement Target MoA would no longer be an Occupied MoA, then, so long as Xxxxxxx has not previously completed two (2) Replacement Decisions, Morphic will promptly notify Xxxxxxx of such expiration, termination or modification (as applicable). CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY [***], HAS BEEN OMITTED BECAUSE IT IS NOT MATERIAL AND WOULD LIKELY CAUSE COMPETITIVE HARM TO THE COMPANY IF PUBLICLY DISCLOSED.
Expiration of Pre-Existing Restrictions. If any Pre-Existing Restrictions identified in a Target Rejection Notice that precluded Acuitas from taking the action requested by Omega in a Target Notice later expire or otherwise are modified or terminate such that Acuitas is no longer precluded from taking the action requested by Omega in a Target Notice, the Escrow Agent will notify Omega of such event and Omega will have an option, for a period of [***] ([***]) days following delivery of such notice to Omega, to (a) add such Target to the Reserved Target List, or (b) exercise an Option with respect to a CERTAIN CONFIDENTIAL INFORMATION IN THIS DOCUMENT, MARKED BY [***], HAS BEEN OMITTED BECAUSE IT IS BOTH (I) NOT MATERIAL AND (II) WOULD BE COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED Licensed Product directed to such Target, as the case may be, in each case ((a) and (b)), subject to the Concurrent Reserved List Limits and the Option Limit. For clarity, Omega will at all times thereafter have the right to provide a Target Notice for such Target to the Escrow Agent pursuant to Section 4.2(c) but such Target Notice will be subject to any intervening Pre-Existing Restrictions.
Expiration of Pre-Existing Restrictions. If any Pre-Existing Restrictions identified in a Target Rejection Notice that precluded Acuitas from taking the action requested by Verve in a Target Notice later expire or otherwise are modified or terminate such that Acuitas is no longer precluded from taking the action requested by Verve in a Target Notice, the Escrow Agent will notify Verve of such event and Verve will have an option, for a period of [**] following delivery of such notice to Verve, to (a) add such Target to the Reserved Target List, or (b) exercise an Option with respect to such a Licensed Product including such Human Genome Target or Genome Editing Protein Target, as the case may be, in each case ((a) and (b)), subject to the Concurrent Reserved List Limits and the Option Limit. For clarity, Verve will at all times thereafter have the right to provide a Target Notice for such Target to the Escrow Agent pursuant to Section 4.2(c) but such Target Notice will be subject to any intervening Pre-Existing Restrictions.
Expiration of Pre-Existing Restrictions. If at any time during the period in which Biogen is eligible to send C4 an Additional Target Notice under Section 3.1.1(b)(i) (Selection of Additional Targets) or Replacement Target Notice under Section 3.1.1(b)(ii) (Replacement Target Notice) (such period, the “Target Selection Period”), any Pre-Existing Restriction that precluded Biogen from selecting a proposed target as an Additional Target that Biogen previously proposed to C4 under Section 3.1.1(b)(iv) (Occupied Targets) later expires, terminates, or is otherwise modified such that such proposed target would no longer be an Occupied Target, then C4 will promptly notify Biogen of such expiration, termination, or modification.
Expiration of Pre-Existing Restrictions. On [***], Ionis will use good faith efforts to [***], to facilitate its activities pursuant to Section 4.1.5(b) (Specific Responsibilities of the JSC), [***]. If at any time during the Additional Wave 1 Target Selection Period, the Wave 2 Target Selection Period, or the Target Substitution Period, as applicable, any Pre-Existing Restriction that precluded Ionis from selecting a Proposed Target as a Collaboration Target later expires, terminates, or is otherwise modified such that such Proposed Target would no longer be an Encumbered Target, and at such time (i) Ionis has not designated the maximum amount of Collaboration Targets as permitted under this Agreement, or (ii) Ionis has designated all Collaboration Targets as permitted under this Agreement, but Ionis has not exhausted its right to substitute existing Collaboration Targets as permitted under Section 2.1.3(a) (Discretionary Substitutions), Section 2.1.3(b) (Substitutions for Technological Infeasibility), or Section 2.1.3(c) (Substitution After Resolution of Technological Infeasibility) (such time period prior to the occurrence of both (i) and (ii), the “Target Selection and Substitution Period”), then Metagenomi will notify Ionis of such expiration, termination, or modification unless Ionis has notified the JSC that it is no longer interested in pursuing that Encumbered Target as a Collaboration Target.
Expiration of Pre-Existing Restrictions. If any Pre-Existing Restrictions identified in a Target Response Notice that precluded Acuitas from granting CureVac a non-exclusive or exclusive, as applicable, license under the Acuitas LNP Technology later expire or otherwise are modified or terminate such that Acuitas is no longer precluded under the terms of the applicable Third Party agreement from granting the applicable rights to CureVac with respect to such Target, the Escrow Agent will notify CureVac of such event and CureVac will have an exclusive option, for a period of [*****]) days following delivery of notice to CureVac, to add such Target to the Reserved Target List as a Reserved Target in accordance with Section 4.2 (c), subject to the Concurrent Reserved List Limits. For clarity, CureVac will at all times thereafter have the right to provide a Target Notice for such Target to the Escrow Agent pursuant to Section 4.2(b) but such Target Notice will be subject to any intervening Pre-Existing Third Party Restrictions.
Expiration of Pre-Existing Restrictions. If any Pre-Existing Restrictions identified in a Target Rejection Notice that precluded Acuitas from taking the action requested by GreenLight in a Target Notice later expire or otherwise are modified or terminate such that Acuitas is no longer precluded from taking the action requested by GreenLight in a Target Notice, the Escrow Agent will notify GreenLight of such event and GreenLight will have an option, for a period of thirty (30) days following delivery of such notice to GreenLight, to (a) add such Target to the Reserved Target List, or (b) exercise an Option with respect to a Licensed Product including such Target, in each case subject to the Concurrent Reserved List Limits and the Option Limit as applicable. For clarity, GreenLight will at all times thereafter have the right to provide a Target Notice for such Target to the Escrow Agent pursuant to Section 4.2(c) but such Target Notice will be subject to any intervening Pre-Existing Restrictions.
