Common use of Territory and Exclusivity Clause in Contracts

Territory and Exclusivity. The Territory and exclusivity provided in a given CGI Product Sublicense shall be the same as the Territory and exclusivity granted to ABX under the Product License from XT to ABX related to the same Antigen. Accordingly, for example, (i) if ABX obtains a Co- Exclusive Worldwide Product License related to the CGI Antigen, the terms of the CGI Product Sublicense shall provide for a Territory which is the Home Territory of ABX and the Rest of the World and will provide that the rights granted therein are exclusive in the Home Territory of ABX and co-exclusive with JTI or its assignee or sublicensee in the Rest of the World, (ii) if ABX obtains an Exclusive Home Territory Product License related to the CGI Antigen, the terms of the CGI Product Sublicense shall provide for a Territory which is the Home Territory of ABX and will provide that the rights granted are exclusive in that Home Territory, (iii) if ABX obtains an Exclusive Qualified Worldwide Product License related to the CGI Antigen, the terms of the CGI Product Sublicense will provide for a Territory which is the Home Territory of ABX and the Rest of the World, and will provide that the rights granted are exclusive in that territory, and (iv) if ABX obtains an Exclusive Worldwide Product License related to the CGI Antigen, the terms of the CGI Product Sublicense will provide for a Territory which is worldwide and will provide that the rights granted are exclusive in that territory.

Territory and Exclusivity. The Territory territory and exclusivity provided in a given CGI GNE Product Sublicense License Agreement shall be the same as the Territory territory and exclusivity granted to ABX under the XT Product License from XT to ABX related with respect to the same Antigen. Accordingly, for example, (i) if ABX obtains a Co- Co-Exclusive Worldwide Product License related to the CGI GNE Program Antigen, the terms of the CGI GNE Product Sublicense License Agreement shall provide for a Territory territory which is the ABX Home Territory of ABX and the Rest of the World and will provide that the rights granted therein are exclusive in the ABX Home Territory of ABX and co-exclusive with JTI or its assignee or sublicensee in the Rest of the World, (ii) if ABX obtains an Exclusive Home Territory Product License related to the CGI GNE Program Antigen, the terms of the CGI GNE Product Sublicense License Agreement shall provide for a Territory territory which is the ABX Home Territory of ABX and will provide that the rights granted are exclusive in that the ABX Home Territory, (iii) if ABX obtains an Exclusive Qualified Worldwide Product License related to the CGI GNE Program Antigen, the terms of the CGI GNE Product Sublicense License Agreement will provide for a Territory territory which is the ABX Home Territory of ABX and the Rest of the World, and will provide that the rights granted are exclusive in that territory, and (iv) if ABX obtains an Exclusive Worldwide Product License related to the CGI GNE Program Antigen, the terms of the CGI GNE Product Sublicense License Agreement will provide for a Territory territory which is worldwide and will provide that the rights granted are exclusive in that territory. Capitalized terms used in this Section 4.1.4 and not otherwise defined in this Agreement are used in this Section as defined in the Xenotech Agreement.