Common use of Moderna Pre-Existing In-Licenses Clause in Contracts

Moderna Pre-Existing In-Licenses. Promptly following the Amended Effective Date, the Parties shall discuss in good faith whether any Patents or Know-How in-licensed under a Moderna Pre-Existing In-License should be made available for use by the Parties, on a Program-by-Program basis, for the performance of Collaboration Activities under this Agreement, including the Research, Development, Manufacture or Commercialization of a Collaboration Product with respect to such Program pursuant to the terms of this Agreement and, if the Parties mutually agree in writing, then, subject to and in accordance with the terms of this Agreement and to the extent permitted under the applicable Moderna Pre-Existing In-License, the Patents and Know-How in-licensed under such Moderna Pre-Existing In-License shall be deemed to be Moderna Technology with respect to such Program and such Moderna Pre-Existing In-License shall be deemed an “Included Moderna Pre-Existing In-License” with respect to such Program.

Moderna Pre-Existing In-Licenses. Promptly following the Amended Effective Date, the Parties shall discuss in good faith whether any Patents or Know-How in-licensed under a Moderna Pre-Existing In-In- License should be made available for use by the Parties, on a Program-by-Program basis, for the performance of Collaboration Activities under this Agreement, including the Research, Development, Manufacture or Commercialization of a Collaboration Product with respect to such Program pursuant to the terms of this Agreement and, if the Parties mutually agree in writing, then, subject to and in accordance with the terms of this Agreement and to the extent permitted under the applicable Moderna Pre-Existing In-License, the Patents and Know-How in-licensed under such Moderna Pre-Existing In-License shall be deemed to be Moderna Technology with respect to such Program and such Moderna Pre-Existing In-License shall be deemed an “Included Moderna Pre-Existing In-License” with respect to such Program.

Moderna Pre-Existing In-Licenses. Promptly following the Amended Effective Date, the Parties shall discuss in good faith whether any Patents or Know-How in-licensed under a Moderna Pre-Existing In-In- License should be made available for use by the Parties, on a Program-by-Program basis, for the performance of Collaboration Activities under this Agreement, including the Research, Development, Manufacture or Commercialization of a Collaboration Product with respect to such Program pursuant to the terms of this Agreement and, if the Parties mutually agree in writing, then, subject to and in accordance with the terms of this Agreement and to the extent permitted under the applicable Moderna Pre-Existing In-License, the Patents and Know-How in-licensed under such Moderna Pre-Existing In-License shall be deemed to be Moderna Technology with respect to such Program and such Moderna Pre-Existing In-License shall be deemed an ““ Included Moderna Pre-Existing In-License” with respect to such Program.