Common use of Proposed Genes Clause in Contracts

Proposed Genes. DELTAGEN shall notify HYSEQ within thirty (30) days after its receipt of the Submitted Gene and, if applicable, its accompanying murine ortholog sequence, whether DELTAGEN accepts or rejects such Submitted Gene, such acceptance or rejection being within DELTAGEN's sole discretion. CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24b-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED. (a) Any such accepted Submitted Gene for which notification has been provided shall be deemed a Proposed Gene. Within [***] after such written notification, HYSEQ will provide to DELTAGEN the supporting information for such Proposed Gene in accordance with Section 4.1.3. (b) If DELTAGEN rejects a Submitted Gene such Submitted Gene shall be deemed a Rejected Submitted Gene. With respect to any such Rejected Submitted Gene, any of HYSEQ's rights under HYSEQ's Patents or HYSEQ Know-How related solely to such Submitted Gene shall return to HYSEQ under this Agreement and shall not be subject to further restriction under this Agreement other than DELTAGEN's obligations of confidentiality under Article 9 of this Agreement. Each of the Parties shall perform no additional services under this Agreement with regard to such Rejected Submitted Gene. Each of the Party's right, title and interest in and to such Rejected Submitted Gene shall remain with and vest fully in that Party, and the other Party shall have no right, title, or interest therein or thereto.

Proposed Genes. DELTAGEN shall notify HYSEQ within thirty (30) days after its receipt of the Submitted Gene and, if applicable, its accompanying murine ortholog sequence, whether DELTAGEN accepts or rejects such Submitted Gene, such acceptance or rejection being within DELTAGEN's ’s sole discretion. CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24b-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED. (a) Any such accepted Submitted Gene for which notification has been provided shall be deemed a Proposed Gene. Within [***[ * ] after such written notification, HYSEQ will provide to DELTAGEN the supporting information for such Proposed Gene in accordance with Section 4.1.3. (b) If DELTAGEN rejects a Submitted Gene such Submitted Gene shall be deemed a Rejected Submitted Gene. With respect to any such Rejected Submitted Gene, any of HYSEQ's ’s rights under HYSEQ's ’s Patents or HYSEQ Know-How related solely to such Submitted Gene shall return to HYSEQ under this Agreement and shall not be subject to further restriction under this Agreement other than DELTAGEN's ’s obligations of confidentiality under Article 9 of this Agreement. Each of the Parties shall perform no additional services under this Agreement with regard to such Rejected Submitted Gene. Each of the Party's ’s right, title and interest in and to such Rejected Submitted Gene shall remain with and vest fully in that Party, and the other Party shall have no right, title, or interest therein or thereto. * Confidential portions of this document have been redacted and have been filed separately with the Commission.

Proposed Genes. DELTAGEN shall notify HYSEQ within thirty (30) days after its receipt of the Submitted Gene and, if applicable, its accompanying murine ortholog sequence, whether DELTAGEN accepts or rejects such Submitted Gene, such acceptance or rejection being within DELTAGEN's sole discretion. CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24b-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED. (a) Any such accepted Submitted Gene for which notification has been provided shall be deemed a Proposed Gene. Within [***] after such written notification, HYSEQ will provide to DELTAGEN the supporting information for such Proposed Gene in accordance with Section 4.1.3. (b) If DELTAGEN rejects a Submitted Gene such Submitted Gene shall be deemed a Rejected Submitted Gene. With respect to any such Rejected Submitted Gene, any of HYSEQ's rights under HYSEQ's Patents or HYSEQ Know-How related solely to such Submitted Gene shall return to HYSEQ under this Agreement and shall not be subject to further restriction under this Agreement other than DELTAGEN's obligations of confidentiality under Article 9 of this Agreement. Each of the Parties shall perform no additional services under this Agreement with regard to such Rejected Submitted Gene. Each of the Party's right, title and interest in and to such Rejected Submitted Gene shall remain with and vest fully in that Party, and the other Party shall have no right, title, or interest therein or thereto.

Proposed Genes. DELTAGEN shall notify HYSEQ within thirty (30) days after its receipt of the Submitted Gene and, if applicable, its accompanying murine ortholog sequence, whether DELTAGEN accepts or rejects such Submitted Gene, such acceptance or rejection being within DELTAGEN's ’s sole discretion. CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24b-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED. (a) Any such accepted Submitted Gene for which notification has been provided shall be deemed a Proposed Gene. Within [***] after such written notification, HYSEQ will provide to DELTAGEN the supporting information for such Proposed Gene in accordance with Section 4.1.3. (b) If DELTAGEN rejects a Submitted Gene such Submitted Gene shall be deemed a Rejected Submitted Gene. With respect to any such Rejected Submitted Gene, any of HYSEQ's ’s rights under HYSEQ's ’s Patents or HYSEQ Know-How related solely to such Submitted Gene shall return to HYSEQ under this Agreement and shall not be subject to further restriction under this Agreement other than DELTAGEN's ’s obligations of confidentiality under Article 9 of this Agreement. Each of the Parties shall perform no additional services under this Agreement with regard to such Rejected Submitted Gene. Each of the Party's ’s right, title and interest in and to such Rejected Submitted Gene shall remain with and vest fully in that Party, and the other Party shall have no right, title, or interest therein or thereto.