Common use of Rights to Inactive Compounds/Returned Compounds Clause in Contracts

Rights to Inactive Compounds/Returned Compounds. No provision of this Agreement shall prevent either Party from making, having made, using, having used, selling, having sold, or importing Inactive Compounds, products containing Inactive Compounds, Returned Compounds or products containing Returned Compounds or screening Inactive Compounds and Returned Compounds against any target other than the Collaboration Targets. In the event that either ImClone or CombiChem (the "Contracting Party") shall enter into a binding agreement with a Third Party to develop, market and/or sell any product containing any Inactive Compound or Returned Compound as an active ingredient (a "Third Party Transaction"), then the other Party hereto (the "Other Party") shall be entitled to *** of *** by the Contracting Party from such Third Party in respect of such Third Party Transactions. All such payments shall be sent by wire transfer to such bank account designated by the Other Party within thirty (30) days after the Contracting Party's receipt of such payments and shall be subject to the recording and auditing provisions of Section 8.6.