Common use of ImClone License Grant to CombiChem Clause in Contracts

ImClone License Grant to CombiChem. Subject to the terms and conditions of this Agreement and following the failure of ImClone or its licensee to develop and commercialize with Due Diligence a Lead Compound, a Development Compound or Product, as the case may be, (collectively, and together with all Abandoned Compounds, "Returned Compound"), ImClone shall grant to CombiChem an exclusive license (exclusive even as to ImClone and its Affiliates), with the right to sublicense, under those ImClone Patents and know-how which are resulting from the Research Program and related exclusively to the Returned Compound to make, have made, use, have used, sell, have sold and import such Returned Compound in the Territory.