Common use of Need for Option Clause in Contracts

Need for Option. CHIRON may, at any time hereunder, provide written notification to ROCHE that certain products being sold or used by ROCHE are believed by CHIRON to be covered by one or more Valid Claims of a patent included within CHIRON Optioned Rights not licensed to ROCHE. In the event ROCHE does not, [**] of receipt of such notification, exercise the relevant option provided for under Section 2.4 to obtain a license under such CHIRON Optioned Right, then CHIRON and ROCHE shall promptly thereafter confer in good faith to discuss their respective positions concerning whether such products being sold or used by ROCHE are covered by a Valid Claim of the patent in question. [**] within ninety (90) days following the above-mentioned notification, [**].

Need for Option. CHIRON may, at any time hereunder, provide written notification to ROCHE that certain products being sold or used by ROCHE within the Region are believed by CHIRON to be covered by one or more Valid Claims of a patent included within CHIRON Optioned Rights not licensed to ROCHE. In the event ROCHE does not, [***] days of receipt of such notification, exercise the relevant option provided for under Section 2.4 to obtain a license under such CHIRON Optioned Right, then CHIRON and ROCHE shall promptly thereafter confer in good faith to discuss their respective positions concerning whether such products being sold or used by ROCHE within the Region are covered by a Valid Claim of the patent in question. [**] If within ninety (90) days following the above-mentioned notification, [***].

Need for Option. CHIRON may, at any time hereunder, provide written notification to ROCHE that certain products being sold or used by ROCHE within the Region are believed by CHIRON to be covered by one or more Valid Claims of a patent included within CHIRON Optioned Rights not licensed to ROCHE. In the event ROCHE does not, [***] of receipt of such notification, exercise the relevant option provided for under Section 2.4 to obtain a license under such CHIRON Optioned Right, then CHIRON and ROCHE shall promptly thereafter confer in good faith to discuss their respective positions concerning whether such products being sold or used by ROCHE within the Region are covered by a Valid Claim of the patent in question. [**] If within ninety (90) days following the above-mentioned notification, [***].