Sanofi Option on Mixtures in the Field Sample Clauses

Sanofi Option on Mixtures in the Field. If Biontech alone or in collaboration with an Affiliate or a Third Party develops a Mixture in the Field which is not a Licensed Product but which includes [***] of mRNAs of a Licensed Product (Biontech Field Mixture), Sanofi has the exclusive option to co-Develop and co- Commercialize such Biontech Field Mixture on a worldwide basis, subject to the terms and conditions of this Section 4.2.1. The option shall be exercisable by written notice to Biontech at the following opt-in points: (a) prior to initiation of the first research program for such Biontech Field Mixture (which shall be notified by Biontech to Sanofi in writing no less than [***] prior to the intended date of initiation, with the Early Opt-in Package joined to such notification) and subject to payment of [***] of the option exercise fee pursuant to Section 6.4.2; and (b) if Sanofi has rejected or failed to exercise the option at the opt-in point indicated under (a) above, prior to the [***] of such Biontech Field Mixture (which shall be notified by Biontech to Sanofi in writing no less than [***] prior to the intended date of [***]) and subject to the payment of [***] of the option exercise fee pursuant to Section 6.4.2, provided that [***] has occurred within [***] after selection of the corresponding Licensed Product. For the purposes of this Section 4.2.1, “exclusive option” shall mean that Biontech or any of its Affiliates may not Commercialize a Biontech Field Mixture or enter into any arrangement with any Third Party to Commercialize a Biontech Field Mixture without having first complied with the provisions of this Section 4.2.1. Any such option shall be exercised by Sanofi in writing within [***] upon Sanofi’s receipt of Biontech’s respective notice as indicated in (a) and (b) above. Subject to the provisions of Section 4.6 below, Biontech shall be free to conduct Development or Commercialization of any Biontech Field Mixture without any further option rights of Sanofi after Sanofi has finally declined or failed to exercise the two-step option according to the foregoing terms and conditions.
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Related to Sanofi Option on Mixtures in the Field

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