Failure to Conduct Phase I Testing in any Gene Group Sample Clauses

Failure to Conduct Phase I Testing in any Gene Group. If as of the end of the Phase I Testing Period for any Gene Group, Monsanto conducts Phase I Testing on less than the Phase I Testing Minimum in the Main Monsanto Crops or in Corn for such Gene Group, [* * *]: (i) If Monsanto has conducted Phase I Testing in the Main Monsanto Crops on Collaboration Hit Homologs of Collaboration Hits constituting less than [* * *] percent ([* * *]%) of the Collaboration Hits within such Gene Group, or has conducted Phase I Testing in Corn on Collaboration Hit Homologs of Collaboration Hits constituting less than [* * *] percent ([* * *]%) of the Collaboration Hits within such Gene Group, and has not reached the testing limit in the Main Monsanto Crops or in Corn, as applicable, for such Gene Group set forth above, then [* * *]. (ii) If Monsanto has conducted Phase I Testing in the Main Monsanto Crops on Collaboration Hit Homologs of Collaboration Hits constituting [* * *] percent ([* * *]%) or more, but less than [* * *] percent ([* * *]%), of the Collaboration Hits within such Gene Group, or has *** Confidential treatment has been requested for redacted portions of this exhibit. This copy omits the information subject to the confidentiality request. Omissions are designated as [***]. A complete version of this exhibit has been provided separately to the Securities and Exchange Commission. conducted Phase I Testing in Corn on Collaboration Hit Homologs of Collaboration Hits constituting [* * *] percent ([* * *]%) or more, but less than [* * *] percent ([* * *]%) of the Collaboration Hits within such Gene Group, and has not reached the testing limit in the Main Monsanto Crops or in Corn, as applicable, for such Gene Group set forth above, then [* * *]. (iii) At the end of the original Phase I Testing Period for a Gene Group, for purposes of determining on which Collaboration Hits of such Gene Group Monsanto has conducted Phase I Testing in the Main Monsanto Crops or in Corn and has earned at least [* * *].
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Related to Failure to Conduct Phase I Testing in any Gene Group

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  • Product Testing No later than [**] prior to a scheduled Delivery ARIAD US shall send to ARIAD SWISSCO the Delivery Documents for review. Following such review, unless within [**] of receipt of the Delivery Documents ARIAD SWISSCO gives written notice of rejection of the Product to be delivered, stating the reasons for such rejection, the Delivery shall proceed, and both Parties shall organize the same. Upon arrival at ARIAD SWISSCO nominated site it shall visually inspect the shipment of the Product to identify any damage to the external packaging. ARIAD SWISSCO may reject any shipment (or portion thereof) of the Product that is damaged by providing to ARIAD US reasonable evidence of damage within [**] after Delivery of such Product. If ARIAD SWISSCO does not so reject any shipment (or portion thereof) of the Product within [**] of Delivery of such Product, ARIAD SWISSCO shall be deemed to have accepted such shipment of the Product; provided, however, that in the case of the Product having any Latent Defect, ARIAD SWISSCO shall notify ARIAD US promptly once it becomes aware that a Product contains a Latent Defect and subsequently may reject such Product by giving written notice to ARIAD US of ARIAD SWISSCO’s rejection of such Product and shipping a representative sample of such Product or other evidence of Non-Conformance to ARIAD US within [**] after becoming aware of such Latent Defect, which notice shall include a description of the Latent Defect.

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