ROCHE COVENANT REGARDING BLOOD SCREENING Clause Samples

ROCHE COVENANT REGARDING BLOOD SCREENING. (a) ROCHE and its Affiliates shall not label or promote any CHIRON Licensed Product labeled or promoted for use in the Field or the Transplantation Field in any respect for use in Blood Screening; and ROCHE shall use commercially reasonable efforts to prevent its Authorized Distributors from labeling or promoting any CHIRON Licensed Products labeled or promoted for use in the Field or the Transplantation Field in any respect for use in Blood Screening. (b) Further, ROCHE and its Affiliates and Authorized Distributors shall include on or with each CHIRON Licensed Product labeled or promoted for use in the Field or the Transplantation Field a statement to the effect that the CHIRON Licensed Product is not for use for testing or screening pooled samples containing specimens from more than one individual, or otherwise in blood or plasma screening, using language to be determined by ROCHE and approved in advance in writing by CHIRON, which approval shall not be unreasonably withheld. The location of such notice shall be the product insert of such CHIRON Licensed Products or such other reasonably prominent location to be determined by ROCHE. (c) In the event that ROCHE or CHIRON becomes aware of any material use in Blood Screening of CHIRON Licensed Products labeled or promoted for use in the Field or the Transplantation Field, such party will promptly notify the other in writing of the relevant facts and, if so requested by CHIRON, ROCHE will (i) meet and confer with CHIRON in good faith to determine what steps either or both should take to ▇▇▇▇▇ such infringing use and (ii) notify in writing any of its customers that engages in such infringing use that use of the relevant CHIRON Licensed Product in Blood Screening may infringe one or more of the CHIRON Licensed Patents. (d) Without limiting the labeling and promoting obligations under this Section 12.1, CHIRON shall not ▇▇▇ ▇▇▇▇▇, its Affiliates, its Authorized Distributors or its End User customers for the sale or use as a confirmatory or supplemental test in conjunction with the screening of blood, plasma or blood products (a "Confirmatory Test") of a CHIRON Licensed Product that is labeled or promoted for use in the Field or the Transplantation Field, if the End User customer has substantial non-infringing uses for such CHIRON Licensed Product in the Field or the Transplantation Field. Further, ROCHE shall not be obligated to notify such customers pursuant to Section 12.1(c)(ii) with respect to such CHIRON ...