Gene Variants Sample Clauses

Gene Variants. The treatment of Research Results which are Gene ------------- Variants shall depend on whether the Gene which is Shuffled to produce the applicable Gene Variant(s) is (x) [*******] ("a PIONEER Gene"), or (y) is [*******] (a "Non-PIONEER Gene"). (i) If [*******], then MAXYGEN may not use the Gene Variants resulting from such Shuffling for any purpose except the conduct of the R&D Program (except such Gene Variants which become Shuffled Genes), without the prior written consent of PIONEER. (ii) If [*******], then MAXYGEN shall not use the Gene Variants resulting from such Shuffling for any purpose except the conduct of the R&D Program (except such Gene Variants which become Shuffled Genes), for a period of [*******] (the "Non-Use Period"). Notwithstanding the above, at the suggestion of a third party, during the Non-Use Period, MAXYGEN may [*******], in connection with research conducted with or on behalf of a third party. It is understood and agreed that, subject to subparagraph (iii) below, MAXYGEN shall be free to Shuffle any one or more genes not Shuffled in the R&D Program on its own behalf or on behalf of a third party outside the R&D Program, subject to the limitations in (P)2.6A. (iii) Notwithstanding (ii) above, during the R&D Program, PIONEER may propose to the RDSC the Shuffling in the R&D Program of [*******]. In such event, PIONEER shall present to the RDSC a detailed written explanation why [*******]. If the RDSC agrees, then the RDSC shall describe in writing the set of all other similar Non-PIONEER Genes (the "Non-PIONEER Gene Set") which relate to the PIONEER proposal, and, except in connection with the R&D Program, MAXYGEN shall not conduct any Shuffling of [*******] during the applicable Non-Use Period. Any Gene Variants resulting from the Shuffling of any Genes in the Non-PIONEER Genes shall be treated as provided in (ii) above. (iv) PIONEER shall not have any right to use any of the Gene Variants (except such Gene Variants which become Shuffled Genes) for any use outside the R&D Program. (v) The identities of all Genes Shuffled in the R&D Program is Confidential Information of PIONEER, which shall not be disclosed except pursuant to Sections 6 or 7 below, or as otherwise agreed by PIONEER and MAXYGEN.
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Gene Variants. (a) [*******]. It is understood and agreed that nothing in this Section 2.6.1 shall limit Maxygen's license rights granted in Section 3.2 and that subject to the provisions of Section 2.7 and Article 9, Maxygen shall be free to Shuffle any one or more genes not Shuffled in the Research Program on its own behalf or on behalf of a Third Party outside the Research Program; provided, however, it is understood and agreed that nothing in this Agreement grants to Maxygen a license under patents owned or Controlled by Zeneca to Shuffle genes, other than pursuant to Section 3.2.1 in connection with the Research Program. (b) Zeneca shall not, without the prior written consent of Maxygen, have any right to use any of the Gene Variants for any use outside the Research Program. For the avoidance of doubt, Zeneca shall have the licenses set forth in Section 3.1 with respect to Shuffled Genes. (c) The identities of all Genes Shuffled in the Research Program is Confidential Information of Zeneca, which shall not be disclosed except pursuant to Article 9 below, or as otherwise agreed by Zeneca and Maxygen.
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Related to Gene Variants

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