Common use of Real-Time Instruments Clause in Contracts

Real-Time Instruments. (i) Except for the restrictions under the Xxxxxx Supply Agreement in effect as of the Effective Date or as such agreement may be amended by the parties to that agreement with Celera’s approval (not to be unreasonably withheld or delayed), Applera shall be permitted to sell Real-Time Instruments, including instruments registered with a regulatory authority, to any end user for any purpose; and (ii) Except for the Xxxxxx Supply Agreement in effect as of the Effective Date or as such agreement may be amended by the parties to that agreement with Celera’s approval (not to be unreasonably withheld or delayed), Applera shall not OEM Real-Time Instruments to any OEM Customer for use in the HIVD Field unless such OEM Customer has obtained a license to the relevant Licensed IP for real-time technology in the HIVD Field; provided, however, that any such OEM Customer shall also agree that it shall not commercialize any Real-Time Assay on such Real-Time Instruments, unless otherwise agreed to by Applera and Celera, for a period of three (3) years following the Effective Date, subject to Section 3.9(c) hereof. (iii) Applera shall not enter into an agreement with a third party to co-promote or co-market Real-Time Instruments to be used with Real-Time Assays, in any country or territory other than the Specified Countries for a period of three (3) years following the Effective Date, subject to Section 3.9 hereof.

Real-Time Instruments. (i) Except for the restrictions under the Xxxxxx Supply Agreement in effect as of the Effective Date or as such agreement may be amended by the parties to that agreement with Celera’s approval (not to be unreasonably withheld or delayed), Applera shall be permitted to sell Real-Time Instruments, including instruments registered with a regulatory authority, to any end user for any purpose; andand [***] indicates material that has been omitted pursuant to a request for confidential treatment. The omitted material has been filed separately with the Securities and Exchange Commission. (ii) Except for the Xxxxxx Supply Agreement in effect as of the Effective Date or as such agreement may be amended by the parties to that agreement with Celera’s approval (not to be unreasonably withheld or delayed), Applera shall not OEM Real-Time Instruments to any OEM Customer for use in the HIVD Field unless such OEM Customer has obtained a license to the relevant Licensed IP for real-time technology in the HIVD Field; provided, however, that any such OEM Customer shall also agree that it shall not commercialize any Real-Time Assay on such Real-Time Instruments, unless otherwise agreed to by Applera and Celera, for a period of three (3) years following the Effective Date, subject to Section 3.9(c) hereof. (iii) Applera shall not enter into an agreement with a third party to co-promote or co-market Real-Time Instruments to be used with Real-Time Assays, in any country or territory other than the Specified Countries for a period of three (3) years following the Effective Date, subject to Section 3.9 hereof.