Research Antigen Identification and Research. 4.1 Maintenance and Enhancement of CuraGen Databases. CuraGen shall continue to seek appropriate samples of human tissues and to analyze Genetic Material therefrom using CuraGen's proprietary methods and techniques, as well as publicly available methods and techniques, to identify human sequences and gene assemblies, and expression products thereof, that are not found in publicly available databases. CuraGen shall engage in the foregoing efforts for as long as, and to the extent that, CuraGen reasonably believes that, in its prudent business judgment, such efforts are yielding an appropriate return of expressed sequences that are not found in publicly available databases. CuraGen shall update the CuraGen Databases at least once every month to incorporate (i) the data, information and materials generated by the foregoing efforts that have not been sponsored or directed by a commercial Third Party to whom rights in such data, information, and materials have been granted in advance and (ii) those publicly available ESTs that CuraGen determines in its prudent judgment have sufficient reliability. Portions of this Exhibit were omitted and have been filed separately with the Secretary of the Commission pursuant to the Company's application requesting confidential Investment under Rule 406 of the Securities Act.
Research Antigen Identification and Research. 4.1 Maintenance and Enhancement of CuraGen Databases; Disclosure of --------------------------------------------------------------- Non-Mining Antigens. CuraGen shall continue to seek appropriate samples of human ------------------- tissues and to analyze Genetic Material therefrom using CuraGen's proprietary methods and techniques, as well as publicly available methods and techniques, to identify human sequences and gene assemblies, and expression products thereof, that are not found in publicly available databases. CuraGen shall engage in the foregoing efforts for as long as, and to the extent that, CuraGen reasonably believes that, in its prudent business judgment, such efforts are yielding an appropriate return of expressed sequences that are not found in publicly available databases. CuraGen shall update the CuraGen Databases at least once every month to incorporate (i) the data, information and materials generated by the foregoing efforts that have not been sponsored or directed by a commercial Third Party to whom rights in such data, information, and materials have been granted prior to November 27, 2000, and (ii) those publicly available ESTs that CuraGen determines in its prudent judgment have sufficient reliability. Promptly upon physically cloning or acquiring a full-length gene encoding a potential Non-Mining Antigen, CuraGen shall give to ABX written notice of such gene and antigen including the applicable DNA sequence, the Clone ID number (if any is known), the name(s) by which such antigen is known and any other information available to CuraGen regarding such gene, antigen or their function or use.
Research Antigen Identification and Research
