Exclusive Data Set definition
Examples of Exclusive Data Set in a sentence
Notwithstanding the provisions of Article 4, upon the expiration of any Exclusive Evaluation Period for any Exclusive Data Set, CURAGEN shall have the right, at its sole option, to make such Data Set and, subject to the provisions of Section 2.4.4, reasonable descriptions of the data contained therein available to third parties or to put the Data Set and such descriptions in the subscription portion of the GeneScape(R) database.
CURAGEN agrees that during any Exclusive Evaluation Period, CURAGEN will not grant access to any Exclusive Data Set to any other party and that during any Option Period, CURAGEN shall not grant to any third party rights to any Optioned Clone or to any Licensed Products related to such Optioned Clone.
Notwithstanding the provisions of Article 4 and except as provided in Section 2.6 hereof, upon the expiration of any Exclusive Evaluation Period for any Exclusive Data Set, CURAGEN shall have the right, at its sole option, to make such Data Set and reasonable descriptions of the data contained therein available to third parties or to put the Data Set and such descriptions in the subscription portion of the GeneScape(R) database.
Such Option shall be elected by BIOGEN by giving written notice to CURAGEN within the Exclusive Evaluation Period for such Exclusive Data Set, which shall specify in detail the Optioned Clone to be included within the terms of any such Option and which shall be accompanied by the payment of any Option Fee as specified in Section 7.2. Each Optioned Clone, and the term of the corresponding Option Period, shall be listed on Appendix A hereto from time to time.
In addition, CURAGEN shall not, during any Exclusive Evaluation Period, grant a third party any exclusive rights to license a Clone contained in the corresponding Exclusive Data Set (i) which BIOGEN has requested CURAGEN to full-length clone or (ii) for which BIOGEN has commenced full-length cloning and notified CURAGEN thereof.
Upon expiration of any Exclusive Evaluation Period, [Confidential Treatment Requested] CURAGEN shall recover and retain all of CURAGEN's rights to the corresponding Exclusive Data Set and related Inventions and Patent Rights thereon other than such rights as BIOGEN may have as provided in Sections 2.1.4, 2.1.5, 2.4.3 and 2.6 or with respect to Optioned Clones.
Such Option shall be elected by GENENTECH by giving written notice to CURAGEN within the Exclusive Evaluation Period for such Exclusive Data Set, which shall specify in detail the Optioned Clone to be included within the terms of any such Option and which shall be accompanied by the payment of any Option Fee as specified in Section 7.2. Each Optioned Clone, and the term of the corresponding Option Period, shall be listed on Appendix A hereto from time to ---------- time.
Licensed Clones which are "known" only as a result of either a previous Research Project or a CURAGEN Project from which BIOGEN received access to an Exclusive Data Set from which the Licensed Clone was optioned, and are not "known" to third parties other than through any disclosure of research results related to such Research Project or CURAGEN Project, shall not be deemed "known" for the purposes hereof.
Licensed Clones which are "known" only as a result of either a previous Research Project or a CURAGEN Project from which GENENTECH received access to an Exclusive Data Set from which the Licensed Clone was optioned, and are not "known" to third parties or to GENENTECH other than through any public disclosure of research results related to such Research Project or CURAGEN Project, shall not be deemed "known" for the purposes hereof.
In addition, CURAGEN shall not, during any Exclusive Evaluation Period, grant a third party any rights to option or to license a Clone contained in the corresponding Exclusive Data Set (i) which GENENTECH has requested CURAGEN to full-length clone or (ii) for which GENENTECH has commenced full-length cloning and notified CURAGEN thereof, or to option or license Licensed Products relating to such a Clone.