Common use of Retained Products Clause in Contracts

Retained Products. Oragenics shall be permitted to continue the clinical development and Commercialization in the Field of any Oragenics Product that, at the time of termination, satisfies at least one of the following criteria (a “Retained Product”): (i) the particular Oragenics Product is being sold by Oragenics triggering profit sharing payments therefor under Section 5.4(a) of this Agreement, (ii) the particular Oragenics Product has received regulatory approval, (iii) the particular Oragenics Product is a subject of an application for regulatory approval in the Field that is pending before the applicable regulatory authority, (iv) the particular Oragenics Product is the subject of at least an ongoing Xxxxx 0, Xxxxx 2 or Phase 3 clinical trial in the Field (in the case of a termination by Intrexon due to an Oragenics uncured breach pursuant to Section 10.2(a) or a termination by Oragenics pursuant to Section 10.3). (c) Diligent Efforts to develop and commercialize any Retained Products, and all other provisions of this Agreement that survive termination.

Retained Products. Oragenics shall be permitted to continue the clinical development and Commercialization in the Field of any Oragenics Product that, at the time of termination, satisfies at least one of the following criteria (a “Retained Product”): (i) the particular Oragenics Product is being sold by Oragenics triggering profit sharing payments therefor under Section 5.4(a) of this Agreement, (ii) the particular Oragenics Product has received regulatory approval, (iii) the particular Oragenics Product is a subject of an application for regulatory approval in the Field that is pending before the applicable regulatory authority, (iv) the particular Oragenics Product is the subject of at least an ongoing Xxxxx Pxxxx 0, Xxxxx 2 or Phase 3 clinical trial in the Field (in the case of a termination by Intrexon EGI due to an Oragenics uncured breach pursuant to Section 10.2(a) or a termination by Oragenics pursuant to Section 10.3). (c) Diligent Efforts to develop and commercialize any Retained Products, and all other provisions of this Agreement that survive termination.