Common use of Off Label Use Clause in Contracts

Off Label Use. For purpose of clarity, (a) following the First Commercial Sale of an Oragenics Product, the use by direct or indirect purchasers or other users of Oragenics Products outside the Field (i.e. “off label use”) shall not constitute a breach by Oragenics of the terms of Section 3.3 or 3.4, provided that neither Oragenics nor its Affiliate (nor any Third Party under contract with either of them) marketed or promoted Oragenics Products for such off-label use; and (b) following the First Commercial Sale of a product by Intrexon, an Intrexon Affiliate, or a Third Party sublicensee, collaborator, or partner of Intrexon, the use by direct or indirect purchasers or other users of such products in the Field (i.e. “off label use”) shall not constitute a breach by Intrexon of the terms of Section 3.4, provided that neither Intrexon nor its Affiliate (nor any Third Party under contract with either of them) marketed or promoted such products for such off-label use.

Off Label Use. For purpose of clarity, (a) following the First Commercial Sale of an Oragenics a ZIOPHARM Product, the use by direct or indirect purchasers or other users of Oragenics ZIOPHARM Products outside the Field (i.e. “off label use”) shall not constitute a breach by Oragenics ZIOPHARM of the terms of Section 3.3 or 3.4, provided that neither Oragenics ZIOPHARM nor its Affiliate (nor any Third Party under contract with either of them) marketed or promoted Oragenics ZIOPHARM Products for such off-label use; and (b) following the First Commercial Sale first commercial sale of a product by Intrexon, an Intrexon Affiliate, or a Third Party sublicensee, collaborator, or partner of Intrexon, the use by direct or indirect purchasers or other users of such products in the Field (i.e. “off label use”) shall not constitute a breach by Intrexon of the terms of Section 3.4, provided that neither Intrexon nor its Affiliate (nor any Third Party under contract with either of them) marketed or promoted such products for such off-label use.

Off Label Use. For purpose of clarity, (a) following the First Commercial Sale of an Oragenics a Synthetic Product, the use by direct or indirect purchasers or other users of Oragenics Synthetic Products outside the Field (i.e. “off label use”) shall not constitute a breach by Oragenics Synthetic of the terms of Section 3.3 3.3, 3.4 or 3.43.5, provided that neither Oragenics Synthetic nor its Affiliate (nor any Third Party under contract with either of them) marketed or promoted Oragenics Synthetic Products for such off-label use; and (b) following the First Commercial Sale of a product by Intrexon, an Intrexon Affiliate, or a Third Party sublicensee, collaborator, or partner of Intrexon, the use by direct or indirect purchasers or other users of such products in the Field (i.e. “off label use”) shall not constitute a breach by Intrexon of the terms of Section 3.43.5, provided that neither Intrexon nor its Affiliate (nor any Third Party under contract with either of them) marketed or promoted such products for such off-label use.

Off Label Use. For purpose of clarity, (a) following the First Commercial Sale of an Oragenics a Fibrocell Product or Improved Product, the use by direct or indirect purchasers or other users of Oragenics Fibrocell Products or Improved Products outside the Field (i.e. “off label use”) shall not constitute a breach by Oragenics Fibrocell of the terms of Section 3.3 3.3, 3.4 or 3.43.5, provided that neither Oragenics Fibrocell nor its Affiliate (nor any Third Party under contract with either of them) marketed or promoted Oragenics Fibrocell Products or Improved Products for such off-label use; and (b) following the First Commercial Sale of a product by Intrexon, an Intrexon Affiliate, or a Third Party sublicensee, collaborator, or partner of Intrexon, the use by direct or indirect purchasers or other users of such products in the Field (i.e. “off label use”) shall not constitute a breach by Intrexon of the terms of Section 3.43.5, provided that neither Intrexon nor its Affiliate (nor any Third Party under contract with either of them) marketed or promoted such products for such off-label use.

Off Label Use. For purpose of clarity, (a) following the First first Commercial Sale of an Oragenics a Soligenix Product, the use by direct or indirect purchasers or other users of Oragenics Soligenix Products outside the Field (i.e. “off label use”) shall not constitute a breach by Oragenics Soligenix of the terms of Section 3.3 3.4 or 3.43.5, provided that neither Oragenics Soligenix nor its Affiliate (nor any Third Party under contract with either of them) marketed or promoted Oragenics Soligenix Products for such off-label use; and (b) following the First first Commercial Sale of a product by Intrexon, an Intrexon Affiliate, or a Third Party sublicensee, collaborator, or partner of Intrexon, the use by direct or indirect purchasers or other users of such products in the Field (i.e. “off label use”) shall not constitute a breach by Intrexon of the terms of Section 3.43.5, provided that neither Intrexon nor its Affiliate (nor any Third Party under contract with either of them) marketed or promoted such products for such off-label use.

Off Label Use. For purpose of clarity, (a) following the First Commercial Sale of an Oragenics Product, the use by direct or indirect purchasers or other users of Oragenics Products outside the Field (i.e. “off label use”) shall not constitute a breach by Oragenics of the terms of Section 3.3 3.4 or 3.43.5, provided that neither Oragenics nor its Affiliate (nor any Third Party under contract with either of them) marketed or promoted Oragenics Products for such off-label use; and (b) following the First Commercial Sale of a product by Intrexon, an Intrexon Affiliate, or a Third Party sublicensee, collaborator, or partner of Intrexon, the use by direct or indirect purchasers or other users of such products in the Field (i.e. “off label use”) shall not constitute a breach by Intrexon of the terms of Section 3.43.5, provided that neither Intrexon nor its Affiliate (nor any Third Party under contract with either of them) marketed or promoted such products for such off-label use.

Off Label Use. For purpose purposes of clarity, (a) following the First Commercial Sale of an Oragenics a Collaboration Product, the use by direct or indirect purchasers or other users of Oragenics Collaboration Products outside the Field (i.e. “off label use”) shall not constitute a breach by Oragenics Synthetic of the terms of Section 3.3 or 3.4Article 3, provided that neither Oragenics Synthetic nor its Affiliate (nor any Third Party under contract with either of them) marketed or promoted Oragenics Collaboration Products for such off-label use; and (b) following the First Commercial Sale of a product by Intrexon, an Intrexon Affiliate, or a Third Party sublicensee, collaborator, or partner of Intrexon, the use by direct or indirect purchasers or other users of such products in the Field (i.e. “off label use”) shall not constitute a breach by Intrexon of the terms of Section 3.4Article 3, provided that neither Intrexon nor its Affiliate (nor any Third Party under contract with either of them) marketed or promoted such products for such off-label use.

Off Label Use. For purpose purposes of clarity, (a) following the First Commercial Sale of an Oragenics Product, the use by direct or indirect purchasers or other users of Oragenics Collaboration Products or Improved Products outside the Field (i.e. an “off label use”) shall not constitute a breach by Oragenics OvaScience of the terms of Section 3.3 or 3.43.4 , provided that neither Oragenics OvaScience nor its Affiliate (nor any Third Party under contract with either of them) marketed or promoted Oragenics Collaboration Products or Improved Products for such off-label use; and (b) following the First Commercial Sale an “off-label use by any direct or indirect purchasers or other users of a product products sold by Intrexon, an Intrexon Affiliate, or a Third Party sublicensee, collaborator, or partner of Intrexon, the use by direct or indirect purchasers or other users of such products in the Field (i.e. “off label use”) Intrexon shall not constitute a breach by Intrexon of the terms of Section 3.4, provided that neither Intrexon nor its Affiliate (nor any Third Party under contract with either of them) marketed or promoted such products for such off-label use.

Off Label Use. For purpose of clarity, (a) following the First Commercial Sale of an Oragenics Adeona Product, the use by direct or indirect purchasers or other users of Oragenics Adeona Products outside the Field (i.e. “off label use”) shall not constitute a breach by Oragenics Adeona of the terms of Section 3.3 or 3.4, provided that neither Oragenics Adeona nor its Affiliate (nor any Third Party under contract with either of them) marketed or promoted Oragenics Adeona Products for such off-label use; and (b) following the First Commercial Sale first commercial sale of a product by Intrexon, an Intrexon Affiliate, or a Third Party sublicensee, collaborator, or partner of Intrexon, the use by direct or indirect purchasers or other users of such products in the Field (i.e. “off label use”) shall not constitute a breach by Intrexon of the terms of Section 3.4, provided that neither Intrexon nor its Affiliate (nor any Third Party under contract with either of them) marketed or promoted such products for such off-label use.

Off Label Use. For purpose purposes of clarity, (a) following the First Commercial Sale of an Oragenics Product, the use by direct or indirect purchasers or other users of Oragenics Collaboration Products outside the Field (i.e. commonly referred to as “off label use”) shall not constitute a breach by Oragenics Histogenics of the terms of Section 3.3 or 3.4Article 3, provided that neither Oragenics Histogenics nor its Affiliate (nor any Third Party under contract with either of them) marketed or promoted Oragenics Collaboration Products for such off-label use; and (b) following the First Commercial Sale an “off-label use by any direct or indirect purchasers or other users of a product products sold by Intrexon, an Intrexon Affiliate, or a Third Party sublicensee, collaborator, or partner of Intrexon, the use by direct or indirect purchasers or other users of such products in the Field (i.e. “off label use”) Intrexon shall not constitute a breach by Intrexon of the terms of Section 3.4Article 3, provided that neither Intrexon nor its Affiliate (nor any Third Party under contract with either of them) marketed or promoted such products for such off-label use. **** CERTAIN INFORMATION HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS.

Off Label Use. For purpose of clarity, (a) following the First Commercial Sale of an Oragenics Product, the use by direct or indirect purchasers or other users of Oragenics Products outside the Field (i.e. “off label use”) shall not constitute a breach by Oragenics of the terms of Section 3.3 or 3.4, provided that neither Oragenics nor its Affiliate (nor any Third Party under contract with either of them) marketed or promoted Oragenics Products for such off-label use; and (b) following the First Commercial Sale of a product by IntrexonEGI, an Intrexon EGI Affiliate, or a Third Party sublicensee, collaborator, or partner of IntrexonEGI, the use by direct or indirect purchasers or other users of such products in the Field (i.e. “off label use”) shall not constitute a breach by Intrexon EGI of the terms of Section 3.4, provided that neither Intrexon EGI nor its Affiliate (nor any Third Party under contract with either of them) marketed or promoted such products for such off-label use.

Off Label Use. For purpose of clarity, (a) following the First Commercial Sale of an Oragenics a Collaboration Product, the use by direct or indirect purchasers or other users of Oragenics Collaboration Products outside the Field (i.e. “off label use”) shall not constitute a breach by Oragenics Fibrocell of the terms of Section 3.3 3.3, 3.4 or 3.43.5, provided that neither Oragenics Fibrocell nor its Affiliate (nor any Third Party under contract with either of them) marketed or promoted Oragenics Collaboration Products for such off-label use; and (b) following the First Commercial Sale of a product by Intrexon, an Intrexon Affiliate, or a Third Party sublicensee, collaborator, or partner of Intrexon, the use by direct or indirect purchasers or other users of such products in the Field (i.e. “off label use”) shall not constitute a breach by Intrexon of the terms of Section 3.43.5, provided that neither Intrexon nor its Affiliate (nor any Third Party under contract with either of them) marketed or promoted such products for such off-label use.