Common use of Fair Summaries Clause in Contracts

Fair Summaries. The statements set forth (i) in the Pricing Disclosure Package and the Prospectus under the captions “Description of Common Stock” and “Underwriting,” (ii) in the 10-K, which is incorporated by reference in the Pricing Disclosure Package and the Prospectus, under the captions “Business — Collaborations” through and including “Business — Cooperative Laboratory Agreements — University of Cagliari”, “Business — Patents and Licenses,” “Risk Factors — Factors Related to Our Relationship with Novartis”, “Risk Factors — Factors Related to Patents and Licenses” and “Risk Factors — Factors Related to Our Dependence on Third Parties Other Than Novartis — Our license agreement with GSK is important to our business. The milestone payments and royalties we could receive under our license agreement with GSK could be delayed, reduced or terminated if GSK terminates or fails to perform its obligations under its agreement with us or if GSK is unsuccessful in its sales efforts”, and (iii) in the Company’s Proxy Statement, as filed with the Commission on April 30, 2010, portions of which are incorporated by reference in the Pricing Disclosure Package and the Prospectus, under the captions “Compensation Discussion and Analysis”, “Certain Relationships and Related Person Transactions” and “Corporate Governance — Director Independence”, insofar as they purport to describe the documents referred to therein, are accurate, complete and fair in all material respects.

Fair Summaries. The statements set forth (i) in the Pricing Disclosure Package and the Prospectus under the captions “Description of Common Stock” and “Underwriting,” (ii) in the Company’s Annual Report on Form 10-KK for the fiscal year ended December 31, 2008, as filed with the Commission on March 4, 2009, which is incorporated by reference in the Pricing Disclosure Package Prospectus, under the captions “Business – Collaboration and License Agreements” through and including “Business – University of Cagliari,” and “Business – Patents and Licenses,” (iii) in the Company’s proxy statement, as filed with the Commission on April 28, 2009, portions of which are incorporated by reference in the Prospectus, under the captions “Business — CollaborationsCompensation Discussion and Analysis” through and including “Business — Cooperative Laboratory Agreements — University of Cagliari”Certain Relationships, “Business — Patents Related Transactions and LicensesDirector Independence,” and (iv) in the 10-Q under the captions “Risk Factors — – Factors Related to Our Relationship with Novartis”, ,” “Risk Factors — – Factors Related to Patents and Licenses” and “Risk Factors — – Factors Related to Our Dependence on Third Parties Other Than Novartis — – Our license agreement with GSK is important to our business. The milestone royalties and other payments and royalties we could receive under our license agreement licensing arrangement with GSK could be delayed, reduced or terminated if GSK terminates or fails to perform its obligations under its agreement with us or if GSK is unsuccessful in its sales efforts”, and (iii) in the Company’s Proxy Statement, as filed with the Commission on April 30, 2010, portions of which are incorporated by reference in the Pricing Disclosure Package and the Prospectus, under the captions “Compensation Discussion and Analysis”, “Certain Relationships and Related Person Transactions,” and “Corporate Governance — Director Independence”, insofar as they purport to describe the documents referred to therein, are accurate, complete and fair in all material respects.

Fair Summaries. The statements set forth (i) in the Pricing Disclosure Package and the Prospectus under the captions “Description of Common Stock” and “Underwriting,” (ii) in the 10-K, which is incorporated by reference in the Pricing Disclosure Package and the Prospectus, under the captions “Business — – Collaborations” from “ViiV Healthcare Company and GlaxoSmithKline Collaboration” through and including “Business — – Cooperative Laboratory Agreements — Agreement – University of Cagliari”, ” and “Business — – Patents and Licenses,” “Risk Factors — Factors Related to Our Relationship with Novartis”, “Risk Factors — Factors Related to Patents and Licenses” and “Risk Factors — Factors Related to Our Dependence on Third Parties Other Than Novartis — Our license agreement with GSK is important to our business. The milestone payments and royalties we could receive under our license agreement with GSK could be delayed, reduced or terminated if GSK terminates or fails to perform its obligations under its agreement with us or if GSK is unsuccessful in its sales efforts”, and (iii) in the Company’s Proxy Statement, as filed with the Commission on April 3025, 20102012, portions of which are incorporated by reference in the Pricing Disclosure Package and the Prospectus, under the captions “Compensation Discussion and Analysis”, “Certain Relationships and Related Person Transactions” and “Corporate Governance — – Director Independence”, (iv) in the Company’s Current Report on Form 8-K, as filed with the Commission on July 31, 2012 and, which is incorporated by reference in the Pricing Disclosure Package and the Prospectus, in Exhibit 99.1 thereof, under the captions “Risk Factors – Factors Related to Our Relationship with Novartis” and “Risk Factors – Factors Related to Patents and Licenses” and (v) in the Company’s Current Report on Form 8-K, as filed with the Commission on July 31, 2012 and, which is incorporated by reference in the Pricing Disclosure Package and the Prospectus, under the caption “Entry into a Material Definitive Agreement”, insofar as they purport to describe the documents referred to therein, are accurate, complete and fair in all material respects.

Fair Summaries. The statements set forth (i) in the Pricing Disclosure Package and the Prospectus under the captions “Description of Common Stock” and “Underwriting,” (ii) in the Company’s Annual Report on Form 10-KK for the fiscal year ended December 31, 2009, as filed with the Commission on March 9, 2010, which is incorporated by reference in the Pricing Disclosure Package and the Prospectus, under the captions “Business — Collaborations” through and including “Business — Cooperative Laboratory Agreements — University of Cagliari”, “Business — Patents and Licenses,” “Risk Factors — Factors Related to Our Relationship with Novartis”, “Risk Factors — Factors Related to Patents and Licenses” and “Risk Factors — Factors Related to Our Dependence on Third Parties Other Than Novartis — Our license agreement with GSK is important to our business. The milestone royalties and other payments and royalties we could receive under our license agreement licensing arrangement with GSK could be delayed, reduced or terminated if GSK terminates or fails to perform its obligations under its agreement with us or if GSK is unsuccessful in its sales efforts”, and (iii) in the Company’s Proxy Statement, as filed with the Commission on April 3028, 20102009, portions of which are incorporated by reference in the Pricing Disclosure Package and the Prospectus, under the captions “Compensation Discussion and Analysis”, “Certain Relationships and Related Person Transactions” and “Corporate Governance — Certain Relationships, Related Transactions and Director Independence”, insofar as they purport to describe the documents referred to therein, are accurate, complete and fair in all material respects.