Common use of Rights to Property Clause in Contracts

Rights to Property. All right, title and interest to the Program Technology acquired or developed pursuant to this Agreement including any submissions or applications to the FDA or any foreign equivalent made by DURA in its name on behalf of Xxxxxx Corp. II shall be the exclusive property of Xxxxxx Corp. II; PROVIDED, HOWEVER, that such right, title and interest shall be subject in all events to (a) the rights to Albuterol Program Assets obtained from Xxxxxx Corp. II pursuant to the exercise of the Albuterol Option or (b) the rights to the Xxxxxx Product Program Assets obtained from Xxxxxx Corp. II pursuant to the exercise of the Product Option. All matters relating to patents and patent applications with respect to the Program Technology acquired or developed pursuant to this Agreement shall be governed by Section 5.2 of the License Agreement.