License Grant to MN. KR hereby grants to MN an irrevocable, exclusive (even as to KR) license in the MN Territory under the KR Intellectual Property Rights, including the right to grant sublicenses, to develop, use, offer for sale, make, have made, sell, import, distribute, and otherwise commercialize Compound and Licensed Product for the MS Indication (the “Initial License”). ** CERTAIN INFORMATION (INDICATED BY ASTERISKS) HAS BEEN OMITTED FROM THIS DOCUMENT PURSUANT TO A CONFIDENTIAL TREATMENT REQUEST. AN UNREDACTED VERSION OF THIS DOCUMENT HAS BEEN FILED WITH THE SECURITIES AND EXCHANGE COMMISSION.
License Grant to MN. MPC hereby grants to MN and its Affiliates an irrevocable, exclusive (even as to MPC) license under the MPC Intellectual Property, including the right to grant sublicenses, to practice the MPC Intellectual Property, and to develop, make, have made, use, offer for sale, market, sell, import, and distribute the Product in the MN Territory in the Field. Furthermore, MPC hereby grants to MN and its Affiliates an irrevocable, exclusive (even as to MPC) license in the MN Territory under the MPC Intellectual Property, including the right to grant sublicenses, to practice the MPC Intellectual Property, and to develop, make, have made, use, offer for sale, market, sell, import and distribute the Compound, solely for the formulation of Product intended for importation, marketing, distribution, use, offer for sale, and sale by MN, its Affiliates and its sublicensees in the MN Territory and/or, if the provisions of Section 2.2.3 or 2.2.4 are applicable, for the formulation of Product in the MPC Territory.
License Grant to MN. MS hereby grants to MN an exclusive (even as to MS) license, including the right to grant sublicenses, under the MS Intellectual Property to research, develop, make, have made, use, offer for sale, market, sell, import, export and distribute Compound and/or Product in and throughout the MN Territory in the Field.
License Grant to MN. MPC hereby grants to MN and its Affiliate an irrevocable, exclusive (even as to MPC) license under the MPC Intellectual Property, including the right to grant sublicenses, to practice the MPC Intellectual Property, and to develop, make, have made, use, offer for sale, market, sell, import, and distribute Product into and throughout the MN Territory in the Field. Furthermore, MPC hereby grants to MN and its Affiliate a co-exclusive license with MPC under the MPC Intellectual Property, including the right to grant sublicenses, to make and have made the Compound solely for the formulation anywhere in the world of Product intended for importation, marketing, distribution, use, offer for sale, and sale by each Party in each Party’s respective Territory, pursuant to Sections 2.1 and 2.2, above, provided that if either Party, its Affiliate, or its sublicensee desires to have a Third Party make the Compound at a site located within the other Party’s Territory, then such Party shall permit the other Party to submit a competitive bid and consider in good faith the merits of such bid compared with other competitive bids received from one or more Third Parties. For the removal of doubt, MN’s co-exclusive right to make or have made Compound extends only to Compound intended for Product to be marketed and sold in MN Territory and MPC’s co-exclusive right to make or have made Compound extends only to Compound intended for Product to be marketed and sold in MPC Territory.
License Grant to MN. KR hereby grants to MN an irrevocable, exclusive (even as to KR) license in the MN Territory under the KR Intellectual Property Rights, including the right to grant sublicenses, to develop, evaluate, make, have made, use, offer for sale, market, sell, import and otherwise distribute the Compound and Products for use in the Field.
