Common use of Use of Applera Technology Clause in Contracts

Use of Applera Technology. Notwithstanding any other provision hereof, in the event Applera is acquired by a third party, and such acquirer elects to produce a competing product that is not dependent on Applera technology, it will be free from any restrictions on such competing product under this Agreement. For the avoidance of doubt, the fact that an acquirer has obtained a license under rights from Applera to make, have made, use and sell the competing product but that the competing product is substantially the result of the design and development of the acquirer, shall not be construed for purposes herein as being “dependent on Applera technology.”

Use of Applera Technology. Notwithstanding any other provision hereof, in the event Applera is acquired by a third party, party and such acquirer elects to produce a competing product that is not dependent on Applera technology, it will be free from any restrictions on such competing product under this Agreement. For the avoidance of doubt, the fact that an acquirer has obtained a license under rights from Applera to make, have made, use and sell the competing product product, but that the competing product is substantially the result of the design and development of the acquirer, shall not be construed for purposes herein as being “dependent on Applera technology.”