Common use of Most Favored Licensee Clause in Contracts

Most Favored Licensee. If after the Effective Date of this Agreement, ROCHE grants to any unrelated third party, a license of substantially the same scope as granted to LCE herein but under more favorable royalty rates than those given to LCE under this Agreement, ROCHE shall promptly notify LCE of said more favorable royalty rates, and LCE shall have the right and option to substitute such more favorable royalty rates for the royalty rates contained herein. LCE’s right to elect said more favorable royalty rates shall extend only for so long as and shall be conditioned on LCE’s acceptance of all the same conditions, favorable or unfavorable, under which such more favorable royalty rates shall be available to such other third party. Upon LCE’s acceptance of all such terms of said third-party agreement, the more favorable royalty rates shall be effective as to LCE on the effective date of such other third party license agreement. Notwithstanding the foregoing, in the event that ROCHE shall receive substantial other nonmonetary consideration, for example, such as intellectual property rights, as a part of the consideration for its granting of Osmetech – Contract No. 17852 8 such license to a third party, then such consideration shall be taken into account for determining whether or not the third party has been granted more favorable royalty rates.

Most Favored Licensee. 11.1 If after the Effective Date signature of this Agreement, ROCHE PE CORP grants to any unrelated third party, other than Roche, a license of substantially the same scope as granted to LCE Thermal Cycler Supplier herein but under more favorable royalty rates than those given to LCE Thermal Cycler Supplier under this Agreement, ROCHE PE CORP shall promptly notify LCE Thermal Cycler Enclosure 7 (13 of 14) Supplier of said more favorable royalty rates, and LCE Thermal Cycler Supplier shall have the right and option to substitute such more favorable royalty rates for the royalty rates contained herein. LCEThermal Cycler Supplier’s right to elect said more favorable royalty rates shall extend only for so long as and shall be conditioned on LCEThermal Cycler Supplier’s acceptance of all the same conditions, favorable or unfavorable, under which such more favorable royalty rates shall be available to such other third party. Upon LCEThermal Cycler Supplier’s acceptance of all such terms of said third-party agreement, the more favorable royalty rates shall be effective as to LCE Thermal Cycler Supplier on the effective date of execution of such other third party license agreement. Notwithstanding the foregoing, in the event that ROCHE PE CORP and/or Roche shall receive substantial other nonmonetary consideration, for example, such as intellectual property rights, as a part of the consideration for its granting of Osmetech – Contract No. 17852 8 such license to a third party, then such consideration this Section 11.1 shall be taken into account for determining whether or not the third party has been granted more favorable royalty ratesapply.

Most Favored Licensee. If after the Effective Date signature of this Agreement, ROCHE grants to any unrelated third party, party a license of substantially the same scope as granted to LCE LIFECODES herein but under more favorable royalty rates than those given to LCE LIFECODES under this Agreement, ROCHE shall promptly notify LCE LIFECODES of said more favorable royalty rates, and LCE LIFECODES shall have the right and option to substitute elect within thirty (30) days such more favorable royalty rates for the royalty rates contained hereinrates. LCE’s LIFECODES's right to elect said more favorable royalty rates shall extend only for so long as and shall be conditioned on LCE’s LIFECODES's acceptance of all the same conditions, favorable or unfavorable, under which such more favorable royalty rates shall be available to such other third party. Upon LCE’s LIFECODES's acceptance of all such terms of said third-party agreement, the more favorable royalty rates shall be effective as to LCE LIFECODES on the effective date of such other third party license agreement. Notwithstanding the foregoing, in the event that ROCHE shall receive substantial other nonmonetary consideration, for example, such as intellectual property rights, as a part of the consideration for its granting of Osmetech – Contract No. 17852 8 such license to a third party, then such consideration this Section 8 shall be taken into account for determining whether or not the third party has been granted more favorable royalty ratesapply.