Common use of Termination of Exclusivity Clause in Contracts

Termination of Exclusivity. The exclusivity obligations set forth in Section 2.6(a) and (b) shall terminate as follows: (i) If this Agreement is terminated with respect to HemOnc-Pf, the exclusivity obligations set forth in Section 2.6(a) and (b) shall thereafter no longer apply with respect to products containing [***]. (ii) If this Agreement is terminated with respect to HemOnc-NextGen, the exclusivity obligations set forth in Section 2.6(a) and (b) shall thereafter no longer apply with respect to products containing [***]. (iii) If either this Agreement is terminated with respect to the Pegaspargase Product or the Option expires without Option Exercise, the exclusivity obligations set forth in Section 2.6(a) and (b) shall no longer apply with respect to products containing or comprising [***]; provided that the ROFN in Section 2.5 shall continue to apply. For clarity, clauses (i), (ii) and (iii) above are cumulative (i.e., more than one clause may apply).

Appears in 4 contracts

Samples: License Agreement, License Agreement (Pfenex Inc.), License Agreement (Pfenex Inc.)

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