Reservation of Rights; Government Rights. These licenses are subject to: (a) the reservation of Caltech’s and The Regents’ right to make, have made, import, and use Licensed Products for noncommercial educational and research purposes, but not for commercial sale or other commercial distribution to third parties; and (b) any existing right of the U.S. Government under Xxxxx 00, Xxxxxx Xxxxxx Code, Section 200 et seq. and under 37 Code of Federal Regulations, Section 401 et seq., including but not limited to the grant to the U.S. Government of a nonexclusive, nontransferable, irrevocable, paid-up license to practice or have practiced any invention conceived or first actually reduced to practice in the performance of work for or on behalf of the U.S. Government throughout the world. Licensed Products shall be substantially manufactured in the United States to the extent (if at all) required by 35 U.S.C. Section 204. In addition, Caltech and The Regents reserve the right to grant the Exclusively Licensed Patent Rights and associated technology to other non-profit institutions for educational and research purposes, including clinical research.
Reservation of Rights; Government Rights. These licenses are subject to: (a) the reservation of Caltech’s right to make, have made, import, and use Licensed Patent Rights for noncommercial educational and non-clinical research purposes, including that which is sponsored by a for-profit third party, so long as no sponsored research involves the practice of Co-Exclusively Licensed Patent Rights by any third party other than the Licensee or the Co-Exclusive Licensee, but not for (i) commercial sale or other distribution to third parties or (ii) commercial research sponsored by a for-profit third party; and (b) any existing right of the U.S. Government under Xxxxx 00, Xxxxxx Xxxxxx Code, Section 200 et seq. and under 37 Code of Federal Regulations, Section 401 et seq., including but not limited to the grant to the U.S. Government of a nonexclusive, nontransferable, irrevocable, paid-up license to practice or have practiced any invention conceived or first actually reduced to practice in the performance of work for or on behalf of the U.S. Government throughout the world. Licensed Products shall be substantially manufactured in the United States to the extent (if at all) required by 35 U.S.C. Section 204. In addition, Caltech reserves the right to grant the Licensed Patent Rights and associated technology to other non-profit institutions for noncommercial educational and research purposes, but not including clinical research, subject to the same limitations as Caltech’s right under Section 2.2(a). In the event that Licensee conducts a clinical trial for a lysosomal storage disorder indication, Licensee agrees to consider the National Institutes of Health (NIH) as a clinical trial site. Confidential Portions of this Exhibit marked as [***] have been omitted pursuant to a request for confidential treatment and have been filed separately with the Securities and Exchange Commission. Confidential Treatment Requested by Homology Medicines, Inc.
Reservation of Rights; Government Rights. The licenses granted pursuant to Section 2.1 are subject to: (a) the reservation of Caltech’s right to make, have made, import, use, sell and offer for sale Licensed Products for noncommercial educational and research purposes, and not for commercial use, sale or other distribution to third parties; and (b) any existing rights of the U.S. Government under Xxxxx 00, Xxxxxx Xxxxxx Code, Section 200 et seq. and under 37 Code of Federal Regulations, Section 401 et seq., including but not limited to the grant to the U.S. Government of a nonexclusive, nontransferable, irrevocable, paid-up license to practice or have practiced any invention conceived or first actually reduced to practice in the performance of work for or on behalf of the U.S. Government throughout the world. Caltech shall ensure that transfer of rights to a third pursuant to Section 2.3(a) shall be pursuant a written agreement in accordance with the terms of this Agreement, and Caltech shall promptly notify Licensee of the grant of any licenses retained by Caltech pursuant to Section 2.3(a).
Reservation of Rights; Government Rights. These licenses are subject to any existing right of the US Government under Xxxxx 00, Xxxxxx Xxxxxx Code, Section 200 et seq. and under 37 Code of Federal Regulations, Section 401 et seq., including but not limited to the grant to the U.S. Government of a nonexclusive, nontransferable, irrevocable, paid-up license to practice or have practiced any invention conceived or first actually reduced to practice in the performance of work for on behalf of the U.S. Government throughout the world. Licensee agrees that all Licensed Products covered by an Exclusively Licensed Patent Right, and to be sold, licensed, distributed, or used by on or behalf of Licensee and Affiliates in the United States, shall be manufactured substantially in the United States to the extent (if at all) required by 35 U.S.C. Section 204. Caltech retains the right, on behalf of themselves and all other non-profit academic research institutions, to practice the Exclusively Licensed Patent Rights under patents claiming priority to [***] for any non-profit purpose, including sponsored research and collaborations. Licensee has no right to enforce the Exclusively Licensed Patent Rights under patents claiming priority to [***] against any such institution. Caltech and any such other institution have the right to publish any information included in the Exclusively Licensed Patent Rights under patents claiming priority to [***], or any Technology associated with [***]. Rights not explicitly granted are reserved by Caltech.
Reservation of Rights; Government Rights. These licenses are subject to: (a) the reservation of Caltech’s right to make, have made, import, use, sell and offer for sale Licensed Products for noncommercial educational and research purposes, but not for commercial sale or other commercial distribution to third parties; and (b) any existing right of the U.S. Government under Xxxxx 00, Xxxxxx Xxxxxx Code, Section 200 et seq. and under 37 Code of Federal Regulations, Section 401 et seq., including but not limited to the grant to the U.S. Government of a nonexclusive, nontransferable, irrevocable, paid-up license to practice or have practiced any invention conceived or first actually reduced to practice in the performance of work for or on behalf of the U.S. Government throughout the world. Caltech has disclosed to Licensee the possibility that Licensed Products may be required to be substantially manufactured in the United States under 35 U.S.C. Section 204. If requested by Licensee, Caltech will make or cooperate in a request to any Federal agency under whose funding agreement any invention subject to this Agreement was made, for a waiver of that requirement. Licensee shall have an option to convert the licenses established under this Agreement from exclusive to non-exclusive, and shall be entitled to exercise such right selectively on a patent-by-patent basis upon written notice to Caltech. The parties agree that Licensee’s failure to substantially manufacture Licensed Products in the United States in accordance with 35 U.S.C. Section 204 is not a breach of this Agreement.
Reservation of Rights; Government Rights. These licenses are subject to any existing right of the U.S. Government under Xxxxx 00, Xxxxxx Xxxxxx Code, Section 200 et seq. and under 37 Code of Federal Regulations, Section 401 et seq., including but not limited to the grant to the U.S. Government of a nonexclusive, nontransferable, irrevocable, paid-up license to practice or have practiced any invention conceived or first actually reduced to practice in the performance of work for or on behalf of the U.S. Government throughout the world. Licensee agrees that all Licensed Products covered by an Exclusively Licensed Patent Right, and to be sold, licensed, distributed or used by or on behalf of Licensee or its Affiliates in the United States, shall be manufactured substantially in the United States to the extent (if at all) required by 35 U.S.C. Section 204. Rights not explicitly granted herein are reserved by Licensor.
Reservation of Rights; Government Rights. These licenses are subject to: (a) the reservation of Caltech's right to make, have made, import, use, sell and offer for sale Licensed Products for noncommercial educational and research purposes, but not for commercial sale or other commercial distribution to third parties; and (b) any existing right of the U.S. Government under Title 35, United States Code, Section 200 et seq. and under 37 Code ox Xxxxxxx Xxxxxxxxxxx, Section 401 et seq., including but not limited to the grant to the U.S. Government of a nonexclusive, nontransferable, irrevocable, paid-up license to practice or have practiced any invention conceived or first actually reduced to practice in the performance of work for or on behalf of the U.S. Government throughout the world. Licensee agrees that all Licensed Products covered by an Exclusively Licensed Patent Right, and to be sold, licensed, distributed or used by or on behalf of Licensee or its Affiliates in the United States, shall be manufactured substantially in the United States to the extent (if at all) required by 35 U.S.C, Section 204. Rights not explicitly granted herein are reserved by Licensor.
Reservation of Rights; Government Rights. These licenses are subject to: (a) the reservation of Caltech’s right to make, have made, import and use the Licensed Products for noncommercial educational and research purposes, but not for sale or other commercial distribution to third parties; and (b) any existing right of the U.S. Government under Xxxxx 00, Xxxxxx Xxxxxx Code, Section 200 et seq. and under 37 Code of Federal Regulations, Section 401 et seq., including, but not limited to, the grant to the U.S. Government of a nonexclusive, nontransferable, irrevocable, paid-up license to practice or have practiced any invention, conceived or first actually reduced to practice in the performance of work for or on behalf of the U.S. Government throughout the world. Licensee agrees that all Licensed Products covered by an Exclusively Licensed Patent Right, and to be sold, licensed, distributed or used by or on behalf of Licensee or its Affiliates in the United States, shall be manufactured substantially in the United States to the extent (if at all) required by 35 U.S.C. Section 204. Caltech reserves the right to allow other nonprofit institutions to use the Caltech Technology for non-commercial educational and research purposes in their facilities. Rights not explicitly granted herein are reserved by Caltech.
Reservation of Rights; Government Rights. CDx acknowledges that these licenses are subject to: (a) the reservation of the University’s right to make, have made, import, use, sell and offer for sale Sublicensed Products for noncommercial educational and research purposes, but not for commercial sale or other commercial distribution to third parties; and (b) any existing right of the U.S. Government under Xxxxx 00, Xxxxxx Xxxxxx Code, Section 200 et seq. and under 37 Code of Federal Regulations, Section 401 et seq., including but not limited to the grant to the U.S. Government of a nonexclusive, nontransferable, irrevocable, paid-up license to practice or have practiced any invention conceived or first actually reduced to practice in the performance of work for or on behalf of the U.S. Government throughout the world. In addition, CDx acknowledges that the University reserves the right to grant the NDT Exclusive Licensed Patent Rights and associated technology to other non-profit institutions for educational and research purposes. CDx agrees that all Sublicensed Products covered by an NDT Exclusive Licensed Patent Right, and to be sold, licensed, distributed or used by or on behalf of CDx or its Affiliates in the United States, shall be manufactured substantially in the United States to the extent (if at all) required by 35 U.S.C. Section 204.
Reservation of Rights; Government Rights
