Non-Commercial Activities. Unless otherwise determined by the JDC, Amgen will have the sole right to perform, itself or through its Affiliates or designees, all non- commercialization activities with respect to Ivory in the Collaboration Scope. In addition, Amgen will have the sole right to perform activities with respect to Ivory outside the Collaboration Scope and GSK will not promote or conduct any activities with respect to Ivory outside the Collaboration Scope except as may be expressly agreed pursuant to a written agreement between the Parties. Activities to be conducted by Amgen with respect to Ivory in the Collaboration Scope include:
Non-Commercial Activities. (a) The Institute and the Consortium Members acknowledge that receipt of funding support from governmental or non-commercial sources could be beneficial to the conduct of the Research Program. The Institute may seek to obtain funding from governmental or non-commercial sources for research projects in the Field in consultation with the Advisory Board, provided that the Institute shall not be obligated to do so. With respect to research projects in the Field that are not part of the Research Program but are to be conducted by Institute personnel who are participants in the Research Program (including, but not limited to, the Research Program Director), the Institute agrees (i) to inform and consult with the Advisory Board prior to undertaking any research projects in the Field which involve governmental or non-commercial sources of funding, and to formally designate any such research project in the Field as an "Additional Field Program", (ii) not to undertake any such Additional Field Program (other than projects funded through governmental sources) unless the project and the terms thereof are approved by a Requisite Majority of the Advisory Board, and (iii) to continue to report to the Advisory Board on a quarterly basis concerning the status and results of any Additional Field Program undertaken by the Institute. However, the Institute shall not use or otherwise apply Program Know-How, Program Materials, Program Copyrights or Program Patent Rights in any Additional Field Program unless all intellectual property resulting or derived from the use or application in any such Additional Field Program of Program Know-How, Program Materials, Program Copyrights or Program Patent Rights are exclusively licensed to Consortium Members to the same extent, and upon the same terms, as if such intellectual property rights constituted Program Know-How, Program Materials, Program Copyrights and/or Program Patent Rights. Notwithstanding the foregoing, the Consortium Members acknowledge that intellectual property rights developed in connection with the projects funded by the United States government may be subject to limited use rights retained by the United States government.
(b) The Institute may (i) provide Program Know-How, Program Materials and/or Program Copyrights to a non-commercial party for purposes of conducting non-commercial research and collaborating with such non-commercial party and (ii) use Program Know-How, Program Materials and/or Program Copyrights for p...
Non-Commercial Activities. Notwithstanding anything to the contrary herein, the Payor shall have the right to mine, remove and sell small amounts of precious metals or other minerals reasonably necessary for sampling, assaying, metallurgical testing and evaluation of the minerals potential of the Properties. The same shall not be subject to the Net Smelter Return Royalty herein.
