Tumor Type definition

Tumor Type means any oncological disease or condition. For clarity, a distinct form of cancer (e.g., breast cancer) shall be considered a separate Tumor Type from other distinct forms of cancer (e.g., ovarian cancer), provided that, distinct patient populations within a disease or condition shall not be considered separate Tumor Types. For the avoidance of doubt, the treatment of the same Tumor Type in a different patient population, or as a different line of therapy, shall not be deemed to be a separate Tumor Type for purposes of this Agreement.

Tumor Type means a particular oncologic malignancy based on the organ or tissue in which the malignancy originates. A breast Tumor Type will be a different Tumor Type from a pancreatic Tumor Type, but a HER2+ breast Tumor Type will be the same Tumor Type as a BRCA1 breast Tumor Type.

Tumor Type means each of the following separate tumor disease areas: (i) breast cancer; (ii) NSCLC; (iii) colorectal cancer; (iv) non-Hodgkin’s lymphoma; (v) prostate cancer; (vi) gastric cancer; and (vii) ovarian cancer.

Examples of Tumor Type in a sentence

• Subject to Pfizer exercising an Option pursuant to Section 4.1.2, on a Research Project Target-by-Research Project Target basis, Pfizer will use Commercially Reasonable Efforts to Commercialize one (1) Licensed Product in one (1) Major Market Country in the Field for one (1) Tumor Type where Pfizer has received Regulatory Approval for such Licensed Product in such country.

• For clarity, a distinct form of cancer (e.g., breast cancer) shall be considered a separate Tumor Type from other distinct forms of cancer (e.g., ovarian cancer), provided that, distinct patient populations within a disease or condition shall not be considered separate Tumor Types.

• For the avoidance of doubt, the treatment of the same Tumor Type in a different patient population, or as a different line of therapy, shall not be deemed to be a separate Tumor Type for purposes of this Agreement.

• In such case, upon BioNTech’s timely (within the [***] timeframe described in the preceding sentence) Initiation of the GTT Proposed Study and so long as BioNTech is using Commercially Reasonable Efforts to Conduct such GTT Proposed Study, the GTT Proposed Study will be a BioNTech Study, the proposed Indication will be a BioNTech Indication and the applicable tumor type will cease to be a Genentech Tumor Type.

• For clarity, any inference or reference to a “first, “second” or “third” Tumor Type above, shall be construed to mean the “first”, “second” or “third” Tumor Type that achieves the applicable milestone event, regardless of how many other Tumor Types have been previously pursued with respect to the same or other Licensed Products without achieving the applicable milestone event; this means, [[***]].

More Definitions of Tumor Type

Tumor Type means a cancer that differs from another type of cancer in [***].

Tumor Type means a primary neoplastic disease, including any metastasis thereof, as accepted in standard medical practice.

Tumor Type means any histologically distinct cancer with a particular organ of origin, which histology and organ of origin shall be determined in accordance with the Clinical Practice Guidelines in Oncology of the National Comprehensive Cancer Network. Tumor Types will be deemed the same for purposes of this Agreement if the subject cancers have the same organ of origin even if they are, for example, of a different disease stage or different line of therapy (e.g., well-differentiated and poorly differentiated gastric cancer, 1st line NSCLC and 2nd line NSCLC), and will be deemed different if the subject cancers have different organs of origin (e.g., gastric cancer and lung cancer) or different histology (e.g., NSCLC and SCLC). Among non-solid tumor cancers, Tumor Types for leukemia, lymphoma and multiple myeloma, but not their subtypes or lines of therapy, shall be considered different Tumor Types.

Tumor Type is defined in Section 7.2.3.

Tumor Type as used in the table above with respect to a Clinical Trial means a cancer of a particular cell type in a particular tissue (including blood) or an organ system , e.g., non-small cell lung cancer or B-cell lymphoma. *** INDICATES MATERIAL THAT WAS OMITTED AND FOR WHICH CONFIDENTIAL TREATMENT WAS REQUESTED. ALL SUCH OMITTED MATERIAL WAS FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24b-2 PROMULGATED UNDER THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED. The amount payable with respect to the achievement of certain of the milestones would be determined based on whether the Licensed Therapeutic Product has achieved Breakthrough Status in the United States. No payment would be made for a milestone that is not achieved (except for skipped milestones pursuant to Section 7.2.6(a)).

Tumor Type. Tumor Type shall mean any type or form of Hematological Cancer, Solid Tumor Cancer or other cancer, including CLL, DLBCL, FL, MCL and MM.

Tumor Type means any histologically distinct cancer with a particular organ of origin, which histology and organ of origin shall be determined in accordance with the Clinical Practice Guidelines in Oncology of the National Comprehensive Cancer Network. Tumor Types will be deemed the same for purposes of this Agreement if the subject cancers have the same organ of origin even if they are, for example, of a different disease stage or different line of therapy (e.g., well-differentiated and poorly differentiated gastric cancer, 1st line NSCLC and 2nd line NSCLC), and will be deemed different if the subject cancers have different organs of origin (e.g., gastric cancer and lung cancer) or different histology (e.g., NSCLC and SCLC). Among non-solid tumor cancers, Tumor Types for leukemia, lymphoma and multiple myeloma, but not their subtypes or lines of therapy, shall be considered different Tumor Types. *** INDICATES MATERIAL THAT WAS OMITTED AND FOR WHICH CONFIDENTIAL TREATMENT WAS REQUESTED. ALL SUCH OMITTED MATERIAL WAS FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24b-2 PROMULGATED UNDER THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED. EXECUTION VERSION