Common use of Inclusion of Licensed Patent Rights or Responsive Information Clause in Contracts

Inclusion of Licensed Patent Rights or Responsive Information. Provided that ImmunoGen is legally able under Applicable Law to provide CytomX with a copy of the Biosimilar Application (and related manufacturing agreement) and CytomX has provided notice to ImmunoGen and Applicant confirming its agreement to be subject to the confidentiality provisions of Section 351(l)(1)(B)(iii) of the PHSA, if CytomX requests in writing to either (i) include a patent in the Proposed Patent List that was not included in ImmunoGen’s initial Proposed Patent List provided to CytomX by ImmunoGen pursuant to Section 5.5.3(a) hereof or (ii) include responsive information with respect to any patent within the Licensed Patent Rights in the ImmunoGen Response that was not included in ImmunoGen’s initial ImmunoGen Response provided to CytomX pursuant to Section5.5.3(c) hereof, then, absent manifest error, ImmunoGen shall include such patent in the Proposed Patent List and such responsive information in the ImmunoGen Response provided to Applicant, as applicable; provided, however, that CytomX shall indemnify ImmunoGen in accordance with Section 9.2 hereof to the extent any submissions requested by CytomX are determined to have been made negligently or in bad faith.

Inclusion of Licensed Patent Rights or Responsive Information. Provided that ImmunoGen CytomX is legally able under Applicable Law to provide CytomX ImmunoGen with a copy of the Biosimilar Application (and related manufacturing agreement) and CytomX ImmunoGen has provided notice to ImmunoGen CytomX and Applicant confirming its agreement to be subject to the confidentiality provisions of Section 351(l)(1)(B)(iii) of the PHSA, if CytomX ImmunoGen requests in writing to either (i) include a patent in the Proposed Patent List that was not included in ImmunoGenCytomX’s initial Proposed Patent List provided to ImmunoGen by CytomX by ImmunoGen pursuant to Section 5.5.3(a) hereof or (ii) include responsive information with respect to any patent within the Licensed Patent Rights in the ImmunoGen CytomX Response that was not included in ImmunoGenCytomX’s initial ImmunoGen CytomX Response provided to CytomX ImmunoGen pursuant to Section5.5.3(c) hereof, then, absent manifest error, ImmunoGen CytomX shall include such patent in the Proposed Patent List and such responsive information in the ImmunoGen CytomX Response provided to Applicant, as applicable; provided, however, that CytomX ImmunoGen shall indemnify ImmunoGen CytomX in accordance with Section 9.2 hereof to the extent any submissions requested by CytomX ImmunoGen are determined to have been made negligently or in bad faith.

Inclusion of Licensed Patent Rights or Responsive Information. Provided that ImmunoGen CytomX is legally able under Applicable Law to provide CytomX ImmunoGen with a copy of the Biosimilar Application (and related manufacturing agreement) and CytomX ImmunoGen has provided notice to ImmunoGen CytomX and Applicant confirming its agreement to be subject to the confidentiality provisions of Section 351(l)(1)(B)(iii351(1)(1)(B)(iii) of the PHSA, if CytomX ImmunoGen requests in writing to either (i) include a patent in the Proposed Patent List that was not included in ImmunoGenCytomX’s initial Proposed Patent List provided to ImmunoGen by CytomX by ImmunoGen pursuant to Section 5.5.3(a) hereof or (ii) include responsive information with respect to any patent within the Licensed Patent Rights in the ImmunoGen CytomX Response that was not included in ImmunoGenCytomX’s [***] Certain information contained herein has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. Confidential Treatment Requested by CytomX Therapeutics, Inc. initial ImmunoGen CytomX Response provided to CytomX ImmunoGen pursuant to Section5.5.3(cSection 5.5.3(c) hereof, then, absent manifest error, ImmunoGen CytomX shall include such patent in the Proposed Patent List and such responsive information in the ImmunoGen CytomX Response provided to Applicant, as applicable; provided, however, that CytomX ImmunoGen shall indemnify ImmunoGen CytomX in accordance with Section 9.2 hereof to the extent any submissions requested by CytomX ImmunoGen are determined to have been made negligently or in bad faith.

Inclusion of Licensed Patent Rights or Responsive Information. Provided that ImmunoGen is legally able under Applicable Law to provide CytomX with a copy of the Biosimilar Application (and related manufacturing agreement) and CytomX has provided notice to ImmunoGen and Applicant confirming its agreement to be subject to the confidentiality provisions of Section 351(l)(1)(B)(iii) of the PHSA, if CytomX requests in writing to either (i) include a patent in the Proposed Patent List that was not included in ImmunoGen’s initial Proposed Patent List provided to CytomX by ImmunoGen pursuant to Section 5.5.3(a) hereof or (ii) include responsive information with respect to any patent within the Licensed Patent Rights in the ImmunoGen Response that was not included in ImmunoGen’s initial ImmunoGen Response provided to CytomX pursuant to Section5.5.3(c) hereof, then, absent manifest error, ImmunoGen shall include such patent in the Proposed Patent List and such responsive information in the ImmunoGen Response provided to Applicant, as applicable; provided, however, that CytomX shall indemnify ImmunoGen in accordance with Section 9.2 hereof to the extent any submissions requested by CytomX are determined to have been made negligently or in bad faith. ***Certain information contained herein has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.

Inclusion of Licensed Patent Rights or Responsive Information. Provided that ImmunoGen Lilly is legally able under Applicable Law to provide CytomX ImmunoGen with a copy of the Biosimilar Application (and related manufacturing agreement) and CytomX ImmunoGen has provided notice to ImmunoGen Lilly and Applicant confirming its agreement to be subject to the confidentiality provisions of Section 351(l)(1)(B)(iii) of the PHSA, if CytomX ImmunoGen requests in writing to either (iA) include a patent in the Proposed Patent List that was not included in ImmunoGenLilly’s initial Proposed Patent List provided to CytomX ImmunoGen by ImmunoGen Lilly pursuant to Section 5.5.3(a7.5(c)(i) hereof or (iiB) include responsive information with respect to any patent within the Licensed Patent Rights in the ImmunoGen Lilly Response that was not included in ImmunoGenLilly’s initial ImmunoGen Lilly Response provided to CytomX ImmunoGen pursuant to Section5.5.3(cSection 7.5(c)(iii) hereof, then, absent manifest error, ImmunoGen Lilly shall include such patent in the Proposed Patent List and such responsive information in the ImmunoGen Lilly Response provided to Applicant, as applicable; provided, however, that CytomX ImmunoGen shall indemnify ImmunoGen Lilly in Portions of this Exhibit, indicated by the xxxx “[***],” were omitted and have been filed separately with the Securities and Exchange Commission pursuant to the Registrant’s application requesting confidential treatment pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended. accordance with Section 9.2 10.1(b) hereof to the extent any submissions requested by CytomX ImmunoGen are determined to have been made negligently or in bad faith.

Inclusion of Licensed Patent Rights or Responsive Information. Provided that ImmunoGen CytomX is legally able under Applicable Law to provide CytomX ImmunoGen with a copy of the Biosimilar Application (and related manufacturing agreement) and CytomX ImmunoGen has provided notice to ImmunoGen CytomX and Applicant confirming its agreement to be subject to the confidentiality provisions of Section 351(l)(1)(B)(iii) of the PHSA, if CytomX ImmunoGen requests in writing to either (i) include a patent in the Proposed Patent List that was not included in ImmunoGenCytomX’s initial Proposed Patent List provided to ImmunoGen by CytomX by ImmunoGen pursuant to Section 5.5.3(a) hereof or (ii) include responsive information with respect to any patent within the Licensed Patent Rights in the ImmunoGen CytomX Response that was not included in ImmunoGenCytomX’s initial ImmunoGen CytomX Response provided to CytomX ImmunoGen pursuant to Section5.5.3(c) hereof, then, absent manifest error, ImmunoGen CytomX shall include such patent in the Proposed Patent List and such responsive information in the ImmunoGen CytomX Response provided to Applicant, as applicable; provided, however, that CytomX ImmunoGen shall indemnify ImmunoGen CytomX in accordance with Section 9.2 hereof to the extent any submissions requested by CytomX ImmunoGen are determined to have been made negligently or in bad faith. ***Certain information contained herein has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.

Inclusion of Licensed Patent Rights or Responsive Information. Provided that ImmunoGen Lilly is legally able under Applicable Law to provide CytomX ImmunoGen with a copy of the Biosimilar Application (and related manufacturing agreement) and CytomX ImmunoGen has provided notice to ImmunoGen Lilly and Applicant confirming its agreement to be subject to the confidentiality provisions of Section 351(l)(1)(B)(iii) of the PHSA, if CytomX ImmunoGen requests in writing to either (iA) include a patent in the Proposed Patent List that was not included in ImmunoGenLilly’s initial Proposed Patent List provided to CytomX ImmunoGen by ImmunoGen Lilly pursuant to Section 5.5.3(a7.5(c)(i) hereof or (iiB) include responsive information with respect to any patent within the Licensed Patent Rights in the ImmunoGen Lilly Response that was not included in ImmunoGenLilly’s initial ImmunoGen Lilly Response provided to CytomX ImmunoGen pursuant to Section5.5.3(cSection 7.5(c)(iii) hereof, then, absent manifest error, ImmunoGen Lilly shall include such patent in the Proposed Patent List and such responsive information in the ImmunoGen Lilly Response provided to Applicant, as applicable; provided, however, that CytomX ImmunoGen shall indemnify ImmunoGen Lilly in accordance with Section 9.2 10.1(b) hereof to the extent any submissions requested by CytomX ImmunoGen are determined to have been made negligently or in bad faith.

Inclusion of Licensed Patent Rights or Responsive Information. Provided that ImmunoGen CytomX is legally able under Applicable Law to provide CytomX ImmunoGen with a copy of the Biosimilar Application (and related manufacturing agreement) and CytomX ImmunoGen has provided notice to ImmunoGen CytomX and Applicant confirming its agreement to be subject to the confidentiality provisions of Section 351(l)(1)(B)(iii) of the PHSA, if CytomX ImmunoGen requests in writing to either (i) include a patent in the ***Certain information contained herein has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. Proposed Patent List that was not included in ImmunoGenCytomX’s initial Proposed Patent List provided to ImmunoGen by CytomX by ImmunoGen pursuant to Section 5.5.3(a) hereof or (ii) include responsive information with respect to any patent within the Licensed Patent Rights in the ImmunoGen CytomX Response that was not included in ImmunoGenCytomX’s initial ImmunoGen CytomX Response provided to CytomX ImmunoGen pursuant to Section5.5.3(cSection 5.5.3(c) hereof, then, absent manifest error, ImmunoGen CytomX shall include such patent in the Proposed Patent List and such responsive information in the ImmunoGen CytomX Response provided to Applicant, as applicable; provided, however, that CytomX ImmunoGen shall indemnify ImmunoGen CytomX in accordance with Section 9.2 hereof to the extent any submissions requested by CytomX ImmunoGen are determined to have been made negligently or in bad faith.