Common use of Use and Transfer Restrictions Clause in Contracts

Use and Transfer Restrictions. Recipient acknowledges and agrees that the Materials are proprietary to and owned by ArQule and are or may be covered by claims of U.S. and international patents or patent applications of ArQule. Recipient agrees to use the Materials solely to screen them for potential pharmacological activity for Abbott using the assay procedure [previously disclosed to Abbott/set forth on EXHIBIT B]. Recipient agrees (i) not to transfer such Materials to any third party without the prior written consent of ArQule and Abbott, (ii) to permit access to the Materials only to its employees and consultants requiring such access, (iii) to inform such employees and consultants of the proprietary nature of the Materials, (iv) to take reasonable precautions, at least as stringent as those observed by Recipient to protect its own proprietary materials, to ensure that such employees and consultants observe the obligations of Recipient pursuant to this Section and (v) to execute and deliver any documents of assignment or conveyance that may be necessary to effectuate the ownership rights of ArQule in the Materials. Upon the expiration of this Agreement, Recipient shall, at the instruction of ArQule or Abbott, either destroy or return any unused Materials.

Use and Transfer Restrictions. Recipient acknowledges and agrees that the Materials are may be proprietary to and owned by ArQule and are or may be covered by claims of U.S. and international patents or patent applications of ArQuleArQule and/or Monsanto. Recipient agrees to use the Materials solely to screen them for potential pharmacological activity agricultural and in planta use for Abbott Monsanto using the assay procedure [previously disclosed to Abbott/set forth on EXHIBIT B]Monsanto. Recipient agrees (i) not to transfer such Materials to any third party without the prior written consent of ArQule and AbbottMonsanto, (ii) to permit access to the Materials only to its employees and consultants requiring such access, (iii) to inform such employees and consultants of the proprietary nature of the Materials, (iv) to take reasonable precautions, at least as stringent as those observed by Recipient to protect its own proprietary materials, to ensure that such employees and consultants observe the obligations of Recipient pursuant to this Section and (v) to execute and deliver any documents of assignment or conveyance that may be necessary to effectuate the ownership rights of ArQule or Monsanto in the Materials. Upon the expiration of this Agreement, Recipient shall, at the instruction of ArQule or AbbottMonsanto, either destroy or return any unused Materials.

Use and Transfer Restrictions. Recipient acknowledges and agrees that the Materials are proprietary to and owned by ArQule and are or may be covered by claims of U.S. and international patents or patent applications of ArQule. Recipient agrees to use the Materials solely to screen them for potential pharmacological activity for Abbott using the assay procedure [previously disclosed to Abbott/set forth on EXHIBIT Exhibit B]. Recipient agrees (i) not to transfer such Materials to any third party without the prior written consent of ArQule and Abbott, (ii) to permit access to the Materials only to its employees and consultants requiring such access, (iii) to inform such employees and consultants of the proprietary nature of the Materials, (iv) to take rake reasonable precautions, at least as stringent as those observed by Recipient to protect its own proprietary materials, to ensure that such employees and consultants observe the obligations of Recipient pursuant to this Section and (v) to execute and deliver any documents of assignment or conveyance that may be necessary to effectuate the ownership rights of ArQule in the Materials. Upon the expiration of this Agreement, Recipient shall, at the instruction of ArQule or Abbott, either destroy or return any unused Materials.

Use and Transfer Restrictions. Recipient acknowledges and agrees that the Materials are may be proprietary to and owned by ArQule and are or may be covered by claims of U.S. and international patents or patent applications of ArQuleArQule and/or Monsanto. Recipient agrees to use the Materials solely to screen them for potential pharmacological activity agricultural and in planta use for Abbott Monsanto using the assay procedure [previously disclosed to Abbott/set forth on EXHIBIT B]Monsanto. Recipient agrees (i) not to transfer such Materials to any third party without the prior written consent of ArQule and AbbottMonsanto, (ii) to permit access to the Materials only to its employees and consultants requiring such access, (iii) to inform such employees and consultants of the proprietary nature of the Materials, (iv) to take reasonable precautions, at least as stringent as those observed by Recipient to protect its own proprietary materials, to ensure that such employees and consultants observe the obligations of Recipient pursuant to this Section and (v) to execute and deliver any documents docu-ments of assignment or conveyance that may be necessary to effectuate the ownership rights of ArQule or Monsanto in the Materials. Upon the expiration of this Agreement, Recipient shall, at the instruction of ArQule or AbbottMonsanto, either destroy or return any unused Materials.