Common use of NIBRI Rights Clause in Contracts

NIBRI Rights. Subject to the other provisions of this Agreement, Myogen grants to NIBRI and its Affiliates a license, exclusive even as to Myogen, with the right to sublicense, under the Myogen Patents and the Myogen Know-How and in the Licensed Field, to research and have researched, develop and have developed, make and have made, and use and have used the Development Candidate and to research and have researched, develop and have developed, make and have made, manufacture and have manufactured, use and have used, market and have marketed, distribute and have distributed, sell and have sold, export and import for sale, and have exported or imported for sale, Drug Products in each country in the Territory. NIBRI understands that the licenses granted under this Agreement to certain Myogen Technology that has been licensed by Myogen pursuant to agreements with the University of Texas Southwestern Medical Center, the University of North Texas Health Sciences Center and the University Licensing and Equity Holdings, Inc. are subject to the retained rights of such licensors to use such Myogen Technology for research, teaching and other educationally-related, non-commercial purposes. Myogen retains all rights to Myogen Technology except to the extent explicitly granted to NIBRI hereunder.