Retained Rights; Limitations. Notwithstanding the co-exclusive licenses set forth in Section 10.2(a) or Section 10.2(c), Merck retains rights under the Merck Technology to perform and to have its Affiliates, Sublicensees and Third Party subcontractors, and Third Party licensees (and Merck will be responsible for ensuring the performance and compliance by such Third Party licensee with the applicable terms of this Agreement as if such Third Party were “Merck” hereunder), perform Merck’s assigned obligations and responsibilities and exercise its rights under this Agreement (including any Internal SAV Program Plan, POC Plan, any Additional Research Plan or any Development Plan) or any Supply Agreement, provided Merck complies with Section 10.4 for any such Third Party subcontractors.
Appears in 4 contracts
Samples: Vaccine Collaboration and License Agreement, Vaccine Collaboration and License Agreement, Vaccine Collaboration and License Agreement (Moderna, Inc.)
