Common use of Reverted Targets; Reverted Target Exclusivity Clause in Contracts

Reverted Targets; Reverted Target Exclusivity. (1) In the event that (A): (i) at the time FivePrime presents a Target as a Hit to GSK, GSK was conducting research, development or commercialization activities with respect to such Target on its own as part of an internal program or in collaboration with a Third Party for an indication ***, and (ii) GSK elects not to further evaluate such Hit, under the Research Program, and GSK so notifies FivePrime in writing of such election within *** Business Days after FivePrime presents such Hit to GSK, including a statement regarding the existence of the criteria set forth in Section 4.4.5(c)(ii)(1)(A)(i) above, or (B) GSK elects not to exercise its Claiming Option or Selection Option with respect to an Offered Hit or Claimed Target, or (C) GSK terminates a GSK Alternative Committed Lead Target, as applicable, in the case of (A), (B), and (C), such Offered Hit, Claimed Target, or Committed Lead Target for which such GSK Alternative Committed Lead Target was substituted, as applicable shall be deemed a Reverted Target as provided in and subject to Section 3.4.1(b), Section 3.4.2(b)(i), Section 3.4.4(a), Section 3.4.4(c) or Section 3.4.4(e).

Reverted Targets; Reverted Target Exclusivity. (1) In the event that that, (A): (ia) at the time FivePrime presents a Target as a Hit to GSK, GSK was conducting research, development or and/or commercialization activities with respect to such Target on its own as part of an internal program or in collaboration with a Third Party for an indication ***other than the Research Indication for which such Hit was identified by FivePrime under the Research Program, and (iib) GSK elects not to further evaluate such Hit, under the Research Program, and GSK so notifies FivePrime in writing of such election within *** Business Days after FivePrime presents such Hit to GSK, including a statement regarding the existence of the criteria set forth in Section 4.4.5(c)(ii)(1)(A)(i4.4.5(d)(ii)(1)(a) above, or (B) GSK elects not to exercise its Claiming Option or Selection Option with respect to an Offered Hit or Claimed Target, or (C) GSK terminates a GSK Alternative Committed Lead Target, as applicable, in the case of (A), ) and (B), and (C), such Offered Hit, Hit or Claimed Target, or Committed Lead Target for which such GSK Alternative Committed Lead Target was substituted, as applicable shall be deemed a Reverted Target as provided in and subject to Section 3.4.1(b), Section 3.4.2(b)(i), ) or Section 3.4.4(a), Section 3.4.4(c) or Section 3.4.4(e).