MPS Will Not Provide its BIP Sample Clauses

MPS Will Not Provide its BIP. Gene Library to Third Parties for Target --------------------------------------------------------------------- Crops. Except with respect to (i) the grant of licenses by MPS to third ----- parties to BIP Transformation Events developed under R&D Programs as permitted under Section 4.3, and (ii) fulfillment by MPS of any obligation to provide MPS BIP genes to Ciba-Geigy Limited and Ciba-Geigy Corporation (collectively, "Ciba") under that certain Agreement for Exchange of Insect Control Technology and Patent Rights dated as of July 14, 1993 by and among MPS and Ciba (the "MPS/Ciba Agreement), MPS will not provide, until the tenth anniversary of this Agreement, any of its BIP genes, natural or synthetic, full length or truncated, encoding BIP (and genetic material derived therefrom) to any third party for the purpose of enabling such third party to develop BIP based insect resistance in corn or any Target Crops. In the event Pioneer does not participate in an R&D Program or fails to perform its parts of any R&D Program, MPS may grant licenses to third parties for BIP Genes specific to the R&D Program, or parts thereof, in which Pioneer did not participate or in which Pioneer failed to perform. In the event that MPS provides any MPS BIP genes to Ciba under the MPS/Ciba Agreement and Ciba/MPS develop insect resistance traits in corn using such MPS BIP genes, then MPS will forfeit any right under this Agreement to grant a license to third parties (other than to Affiliates of MPS) to commercialize insect resistant corn containing a competing BIP Transformation Event that may be developed by Pioneer and MPS under this Agreement until the second calendar year after the calendar year in which Pioneer shall have entered its "RC1" stage of insect resistant corn containing such competing BIP Transformation Event in each jurisdiction (North America, Europe or, as the case may be, the rest of the world) where the third party licensee(s) desire to commercialize corn containing such competing BIP Transformation Event.
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