Gen-Probe Covenant Regarding Blood Screening Sample Clauses

Gen-Probe Covenant Regarding Blood Screening. 9.1.1 Gen-Probe and its Affiliates shall not label or promote any Licensed Product labeled or promoted for use as an IVD product for use in Blood Screening; and Gen-Probe shall use commercially reasonable efforts to prevent its Authorized Distributors from labeling or promoting any Licensed Product labeled or promoted for use as an IVD product in any respect for use in Blood Screening. 9.1.2 Further, Gen-Probe and its Affiliates and Authorized Distributors shall, to the extent permitted by law (e.g., without limitation, regulatory, e.g., US FDA, requirements), include on or with each Licensed Product labeled or promoted for use as an IVD Product a statement as follows: “This product is not intended for use for testing or screening pooled samples containing specimens from more than one individual, or otherwise in blood or plasma screening”, or such other language proposed by Gen-Probe for the reasonable approval of Bayer. The location of such notice shall be the product insert of such Licensed Products or such other reasonably prominent location to be determined by Gen-Probe. 9.1.3 In the event that Gen-Probe becomes aware of any material use in Blood Screening of Licensed Products labeled or promoted for use as an IVD Product, Gen-Probe will promptly notify Bayer in writing of the relevant facts and, if so requested by Bayer, Gen-Probe will (i) meet and confer with Bayer and Chiron in good faith to determine what steps either or both should take to axxxx such infringing use and (ii) notify in writing, with a contemporaneous copy to Bayer, any of its customers that engages in such infringing use that use of the relevant Licensed Product in Blood Screening may infringe one or more of the Chiron Patents. 9.1.4 Nothing in this Section 9.1 shall apply to any product to the extent that Gen-Probe’s activity and that of its Affiliates with respect to such product is separately licensed in Blood Screening under the Chiron Patents.
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