Common use of Non-Restricted Activities Clause in Contracts

Non-Restricted Activities. (i) The Parties hereby acknowledge and agree that Moderna’s obligations under [***] will not apply to any Research, Development, Manufacture or Commercialization of [***]; provided that Moderna will ensure that during the Collaboration Term for the PCV Program, [***]. (ii) The Parties hereby acknowledge and agree that Moderna’s obligations under [***] will not apply to any of Moderna’s or its Affiliates’ (1) internal Research activities, (2) Research activities with academic collaborators or non-profit institutions, or (3) Non-Commercial Combination Activities, in each case ((1)-(3)) that [***]; provided that, in each case ((1)-(3)), Moderna will ensure that during the Collaboration Term for a given SAV Program, (A) [***], (B) Merck Confidential Information is [***], (C) Merck Background Technology is [***], and (D) the licenses granted under Section 10.2(d)(i) or 10.2(d)(ii) shall not be used in the conduct of the above-referenced activities relating to [***].

Non-Restricted Activities. (i) The Parties hereby acknowledge and agree that ModernaMerck’s obligations under [***] will not apply to any Research, Development, Manufacture or Commercialization of [***]; provided that Moderna Merck will ensure that during the Collaboration Term for the PCV Program, [***]. (ii) The Parties hereby acknowledge and agree that ModernaMerck’s obligations under [***] will not apply to any of ModernaMerck’s or its Affiliates’ (1) internal Research activities, (2) Research activities with academic collaborators or non-profit institutions, or (3) Non-Commercial Combination Activities, in each case ((1)-(3)) that [***]; provided that, in each case ((1)-(3)), Moderna Merck will ensure that during the Collaboration Term for a given SAV Program, (A) [***], (B) Merck Moderna Confidential Information is [***], (C) Merck Moderna Background Technology is [***], and (D) the licenses granted under Section 10.2(d)(i) or 10.2(d)(ii10.1(d) shall not be used in the conduct of the above-referenced activities relating to [***].