Common use of Sequence Specific Primers and Probes Clause in Contracts

Sequence Specific Primers and Probes. Applera agrees that it will not knowingly commercialize any sequence-specific primers and probes (i) for incorporation by a third party product manufacturer into its products for performing testing in the HIVD Field or (ii) to a clinical laboratory for performing home-brew testing, in either case, for HIV, HCV, HBV, [***], CT, NG, Factor V, Factor II, [***], CF, HLA, Fragile X, and [***], for a period of three (3) years following the Effective Date, subject to Section 3.9 hereof; provided, however, that: (i) Applera may request that Celera waive this restriction for Applera to commercialize such primers and probes during the three (3) year period following the Effective Date for specific opportunities, it being understood that the decision to so waive this restriction shall be made by Celera in its sole discretion; (ii) Applera shall not be obligated to actively monitor third party conduct for any inadvertent violation, but Applera and Celera shall discuss an appropriate course of action upon notice from Celera with reasonable evidence of violation of this provision or if Applera otherwise becomes aware of such a violation; and (iii) The restrictions set forth in this Section 3.5 shall not apply to sales to any third party for sale or use within any Specified Country.