Common use of No Grant of Conflicting or Superior Rights Clause in Contracts

No Grant of Conflicting or Superior Rights. Isconova covenants and agrees that it shall not grant any Third Party any right to control the Prosecution of the Isconova Patent Rights or to approve or consult with respect to any Patent Rights licensed to Genocea hereunder, in any case, that is more favorable than the rights granted to Genocea hereunder or otherwise conflicts with Genocea’s rights hereunder. For the avoidance of doubt, if Isconova chooses (i) not to Prosecute patent applications for the Isconova Patent Rights under its Prosecution control in any country and/or (ii) not to continue the Prosecution of any Isconova Patent Right under its Prosecution control in a particular country in the Territory, Genocea shall have the exclusive secondary right to take the action(s) in clauses (i) and (ii) of this sentence (such actions collectively, the “Secondary THIS EXHIBIT HAS BEEN REDACTED AND IS THE SUBJECT OF A CONFIDENTIAL TREATMENT REQUEST. REDACTED MATERIAL IS MARKED WITH [* * *] AND HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. Prosecution Activities”) and Isconova shall not allow any Third Party to perform any Secondary Prosecution Activity unless Genocea has informed Isconova in writing that it has elected to not perform such Secondary Prosecution Activity. Notwithstanding the above, Genocea agrees that Isconova’s covenant and Genocea’s rights to Secondary Prosecution Activities herein is granted to the extent that such covenant and rights are not in conflict with Isconova’s prior agreement with Crucell Holland B.V. dated December 21, 2006 as such agreement exists on the Effective Date, and that Isconova may have undertakings towards Crucell Holland B.V. that may take precedence over Genocea’s rights herein. Genocea further agrees that Isconova shall be free to disclose to future licensees of the Licensed Technology that an Isconova licensee has rights to Secondary Prosecution Activities as set out herein under appropriate terms of confidentiality and provided that Isconova does not disclose to such future licensees Genocea’s identity.

No Grant of Conflicting or Superior Rights. Isconova covenants and agrees that it shall not grant any Third Party any right to control the Prosecution of the Isconova Patent Rights or to approve or consult with respect to any Patent Rights licensed to Genocea hereunder, in any case, that is more favorable than the rights granted to Genocea hereunder or otherwise conflicts with Genocea’s rights hereunder. For the avoidance of doubt, if Isconova chooses (i) not to Prosecute patent applications for the Isconova Patent Rights under its Prosecution control in any country and/or (ii) not to continue the Prosecution of any Isconova Patent Right under its Prosecution control in a particular country in the Territory, Genocea shall have the exclusive secondary right to take the action(s) in clauses (i) and (ii) of this sentence (such actions collectively, the “Secondary THIS EXHIBIT HAS BEEN REDACTED AND IS THE SUBJECT OF A CONFIDENTIAL TREATMENT REQUEST. REDACTED MATERIAL IS MARKED WITH [* * *] AND HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. Prosecution Activities”) and Isconova shall not allow any Third Party to perform any Secondary Prosecution Activity unless Genocea has informed Isconova in writing that it has elected to not perform such Secondary Prosecution Activity. Notwithstanding the above, Genocea agrees that Isconova’s covenant and Genocea’s rights to Secondary Prosecution Activities herein is granted to the extent that such covenant and rights are not in conflict with Isconova’s prior agreement with Crucell Holland B.V. dated December 21, 2006 as such agreement exists on the Effective Date, and that Isconova may have undertakings towards Crucell Holland B.V. that may take precedence over Genocea’s rights herein. Genocea further agrees that Isconova shall be free to disclose to future licensees THIS EXHIBIT HAS BEEN REDACTED AND IS THE SUBJECT OF A CONFIDENTIAL TREATMENT REQUEST. REDACTED MATERIAL IS MARKED WITH [* * *] AND HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. of the Licensed Technology that an Isconova licensee has rights to Secondary Prosecution Activities as set out herein under appropriate terms of confidentiality and provided that Isconova does not disclose to such future licensees Genocea’s identity.