Common use of Independent TDCC Research Clause in Contracts

Independent TDCC Research. It is understood that this Agreement shall not prohibit TDCC from conducting research activities outside of and independent from the Research Program ("Independent TDCC Research") during the Research Program Term for itself and/or with Third Parties for the purpose of identifying catalysts for making polymers including but not limited to Olefin Polymers, developing new polymers including but not limited to Olefin Polymers and developing, evaluating or utilizing Combinatorial Chemistry Technology. In the event some TDCC employees work on both the Research Program and the Independent TDCC Research, TDCC shall use good faith commercially reasonable efforts to avoid potential conflicts or overlaps between the Research Program and Independent TDCC Research and misappropriation of any Confidential Information of Symyx. In the event that TDCC in the course of conducting research outside of and independent from the Research Program discovers information, data, materials or inventions ("Outside Technology") which TDCC believes may advance the Research Program, TDCC may make such Outside Technology available for use in the Research Program the extent it is free to do so without violating obligations to any Third Party, and it is understood that such Outside Technology shall not be deemed to be Program Technology; provided, however, that information, data, materials or inventions made in the Research Program shall be deemed to be Program Technology whether or not such information, data, materials or inventions were made using Outside Technology.

Independent TDCC Research. It is understood that this Agreement shall not prohibit TDCC from conducting research activities outside of and independent from the Research Program ("Independent TDCC Research") during the Research Program Term for itself and/or with Third Parties for the purpose of identifying catalysts for making polymers including but not limited to Olefin Polymers, developing new polymers including but not limited to Olefin Polymers and developing, evaluating or utilizing Combinatorial Chemistry Technology[******]. In the event some TDCC employees work on both the Research Program and the Independent TDCC Research, TDCC shall use good faith commercially reasonable efforts to avoid potential conflicts or overlaps between the Research Program and Independent TDCC Research and misappropriation of any Confidential Information of Symyx. In the event that TDCC in the course of conducting research outside of and independent from the Research Program discovers information, data, materials or inventions ("Outside Technology") which TDCC believes may advance the Research Program, TDCC may make such Outside Technology available for use in the Research Program the extent it is free to do so without violating obligations to any Third Party, and it is understood that such Outside Technology shall not be deemed to be Program Technology; provided, however, that information, data, materials or inventions made in the Research Program shall be deemed to be Program Technology whether or not such information, data, materials or inventions were made using Outside Technology.

Independent TDCC Research. It is understood that this Agreement shall not prohibit TDCC from conducting research activities outside of and independent from the Research Program ("“Independent TDCC Research"”) during the Research Program Term for itself and/or with Third Parties for the purpose of identifying catalysts for making polymers including but not limited to Olefin Polymers, developing new polymers including but not limited to Olefin Polymers and developing, evaluating or utilizing Combinatorial Chemistry Technology. In the event some TDCC employees work on both the Research Program and the Independent TDCC Research, TDCC shall use good faith commercially reasonable efforts to avoid potential conflicts or overlaps between the Research Program and Independent TDCC Research and misappropriation of any Confidential Information of Symyx. In the event that TDCC in the course of conducting research outside of and independent from the Research Program discovers information, data, materials or inventions ("“Outside Technology"”) which TDCC believes may advance the Research Program, TDCC may make such Outside Technology available for use in the Research Program the extent it is free to do so without violating obligations to any Third Party, and it is understood that such Outside Technology shall not be deemed to be Program Technology; provided, however, that information, data, materials or inventions made in the Research Program shall be deemed to be Program Technology whether or not such information, data, materials or inventions were made using Outside Technology.