Common use of Pfenex Improvements Clause in Contracts

Pfenex Improvements. Notwithstanding Sections 7.1(a) and 7.1(b) and subject to Section 7.1(g), Pfenex shall solely own all Inventions (developed solely by or on behalf of a Party or jointly by or on behalf of the Parties) that constitute an improvement, modification or enhancement of Pfenex’s proprietary P. fluorescens protein expression and manufacturing technology that has been disclosed by Pfenex to Jazz in writing (the “Disclosed Platform”), where such improvement, modification, and enhancement is applicable to the manufacture of drug substance for products in addition to the Products, including (i) improvements, modifications and enhancements to the Disclosed Platform generated under this Agreement (excluding, for clarity, any protein sequence), and (ii) growth media and conditions generally applicable to P. fluorescens and products that do not contain [***], but excluding (A) Post-Primary Recovery Inventions and (B) any Inventions, Information, or improvements relating to the process of formulating a Product or the formulated Product (the “Pfenex Improvements”). To the extent any Pfenex Improvement is made by Jazz’s or its Affiliates’ employees, agents, or independent contractors (whether solely or jointly with Pfenex), Jazz hereby assigns to Pfenex all of the right, title and interest in and to such Pfenex Improvement.