Unavailable Target definition

Unavailable Target means any target which Xencor, is: (a) engaged in research, whether conducted internally or through a collaboration, with respect to such target and/or (b) contractually obligated on an exclusive basis with a Third Party in respect of such target that would preclude granting MedImmune a reservation for such target. The targets listed in Exhibit A are Unavailable Targets as of the Effective Date.

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Unavailable Target means a Target that becomes the subject of an agreement entered into by Precision or any of its Affiliates and a Third Party after the Effective Date relating to any Development and/or Commercialization of any products with respect to such Target, for so long as such Target remains the subject of such an agreement.

Unavailable Target means a target that is the subject of a written agreement or a written, agreed-upon term sheet containing key financial terms and transaction structure, in each case that is entered into by PeptiDream or any of its Affiliates and a Third Party under which PeptiDream grants (or in the case of a term sheet, agrees to grant) such Third Party rights relating to any research, Development, Manufacture, Commercialization or any other activities of any kind in the Field with respect to such target, for so long as such target remains the subject of such term sheet or agreement.

Examples of Unavailable Target in a sentence

• Each Target Pair of interest submitted by GSK […***…] as set forth below in this Section 3.4.2, and […***…] whether such Target Pair is an Unavailable Target Pair as soon as reasonably practicable but in no event later than […***…] following GSK’s submission of the relevant information regarding such Target Pair.

• If RayzeBio nominates any target that is an Unavailable Target as of the date of its nomination, PeptiDream shall promptly, but in no event more than [***] following nomination, provide RayzeBio with written notice that such target is an Unavailable Target, and such nomination by RayzeBio shall have no further effect.

• If such Non-Liver Target is determined to not be an Unavailable Target [***] such Non-Liver Target shall become a Regeneron Target.

• During Research Term and for […***…] Lilly shall have the right to appoint at its expense an independent law firm of nationally recognized standing (the “Law Firm”) reasonably acceptable to Zymeworks to inspect or audit the relevant records of Zymeworks to verify that Zymeworks correctly determined that a proposed Target Pair was an Unavailable Target Pair.

• The Law Firm shall disclose to Lilly only whether Zymeworks correctly determined that a proposed Target Pair was an Unavailable Target Pair and under which specific provision of Section 3.1.2(b)(i), (ii) or (iii) such determination was made, and shall provide to Zymeworks a copy of any report provided to Lilly as a result of an inspection or audit performed pursuant to this Section 3.1.2(e).

More Definitions of Unavailable Target

Unavailable Target means [***].

Unavailable Target means any Non-Liver Target, (a) that is the subject of planned research activities by Intellia (or its Affiliates) pursuant to a bona fide research plan specific to such Target [***], or (b) for which Intellia has an active and ongoing research or development program for Intellia CPs Directed to such Target [***], or (c) for which Intellia has granted exclusive rights (or an exclusive option to obtain exclusive rights) to a Third Party to develop and commercialize CPs Directed to such Target [***]; or (d) for which Intellia is in active partnering or licensing discussions with a Third Party to grant exclusive rights (or an exclusive option to obtain exclusive rights) to such Third Party to develop and commercialize CPs Directed to such Target [***], in each case of (a), (b), (c) or (d), as applicable, at the time Regeneron nominates such Target pursuant to Section 4.2.

Unavailable Target is defined in Section 4.3.4

Unavailable Target means a Target that, at the time Lilly seeks to add such Target as a Reserved Target, or proposes such Target (or specific portion or mutation thereof) for inclusion in the Research Program: (a) is a Target that is the subject of a final agreed upon term sheet or letter of intent between ProQR and any Third Party; (b) on which ProQR is actively working either as an internal ProQR program or with another collaborator; or (c) as to which ProQR has granted rights for such Target that would conflict with or prevent the grant of rights to Lilly under this Agreement for such Target.

Unavailable Target has the meaning set forth in Section 2.1.2.

Unavailable Target means any Non-Liver Target, (a) that is the subject of planned research activities by Intellia (or its Affiliates) pursuant to a bona fide research plan specific to such Target [***], or (b) for which Intellia has an active and ongoing research or development program for Intellia CPs Directed to such Target[***], or (c) for which Intellia has granted exclusive rights (or an exclusive option to obtain exclusive rights) to a Third Party to develop and commercialize CPs Directed to such Target [***]; or (d) for which Intellia is in active partnering or licensing discussions with a Third Party to grant exclusive rights (or an exclusive option to obtain exclusive rights) to such Third Party to develop and commercialize CPs Directed to such Target [***], in each case of (a), (b), (c) or (d), as applicable, at the time Regeneron nominates such Target pursuant to Section 4.2.

Unavailable Target means a gene target other than the Scheduled Targets with respect to which, at the relevant time, (a) Benitec has granted rights to a Third Party, or owes obligations to a Third Party, which rights or obligations are inconsistent with the rights Axovant would have, and the obligations Benitec would have, under this Agreement if such Target were to become a Collaboration Target, provided that Benitec’s entering into the applicable arrangement with such Third Party was not a breach of Benitec’s obligations under this Agreement; or (b) ****.