Common use of Lack of Diligence Clause in Contracts

Lack of Diligence. If GenVec is not diligent and Fuso terminates the Research Program, GenVec shall return to Fuso (i) any amounts unexpended on the Research Program by GenVec due to GenVec's lack of diligence, and (ii) any amounts which an arbitrator, in an arbitration proceeding conducted pursuant to Article 12, deems were expended by GenVec in the Research Program without acting in a diligent manner ("Non-Diligent Research"). Notwithstanding the above, any amounts that GenVec has provided to a third party (e.g., DFCI) with the approval of the Steering Committee to sponsor research related to the Research Program which an arbitrator deems Non-Diligent Research shall be returned to Fuso by GenVec only to the extent that GenVec is able to obtain a refund from such third party.

Lack of Diligence. If GenVec is not diligent and Fuso terminates the Research ProgramProgram in accordance with Section 11.2, GenVec shall return to Fuso (i) any amounts unexpended on the Research Program by GenVec due to GenVec's lack of diligence, and (ii) any amounts which an arbitrator, in an arbitration proceeding conducted pursuant to Article 12, deems were expended by GenVec in the Research Program without acting in a diligent manner ("Non-Diligent Research"). Notwithstanding the above, any amounts that GenVec has provided to a third party (e.g., DFCI) with the approval of the Steering Committee to sponsor research related to the Research Program which an arbitrator deems Non-Diligent Research shall be returned to Fuso by GenVec only to the extent that GenVec is able to obtain a refund from such third party.

Lack of Diligence. If GenVec is not diligent and Fuso ----------------- terminates the Research Program, GenVec shall return to Fuso (i) any amounts unexpended on the Research Program by GenVec due to GenVec's lack of diligence, and (ii) any amounts which an arbitrator, in an arbitration proceeding conducted pursuant to Article 12, deems were expended by GenVec in the Research Program without acting in a diligent manner ("Non-Diligent Research"). Notwithstanding the above, any amounts that GenVec has provided to a third party (e.g., DFCI[*]) with the approval of the Steering Committee to sponsor research related to the Research Program which an arbitrator deems Non-Diligent Research shall be returned to Fuso by GenVec only to the extent that GenVec is able to obtain a refund from such third party.

Lack of Diligence. If GenVec is not diligent and Fuso terminates ----------------- the Research Program, GenVec shall return to Fuso (i) any amounts unexpended on the Research Program by GenVec due to GenVec's lack of diligence, and (ii) any amounts which an arbitrator, in an arbitration proceeding conducted pursuant to Article 12, deems were expended by GenVec in the Research Program without acting in a diligent manner ("Non-Diligent Research"). Notwithstanding the above, any amounts that GenVec has provided to a third party (e.g., DFCI) with the approval of the Steering Committee to sponsor research related to the Research Program which an arbitrator deems Non-Diligent Research shall be returned to Fuso by GenVec only to the extent that GenVec is able to obtain a refund from such third party.