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Collaborative Research And License Agreement BY And Between Archemix Corp. And Merck Kgaa

Effective Date: January 17, 2007
Parties:

Nitromed

Sectors: Biotechnology / Pharmaceuticals
Law Firms: Mintz, Levin, Cohn, Ferris, Glovsky and Popeo
Governing Law:  New York
Exhibit 10.34 COLLABORATIVE RESEARCH AND LICENSE AGREEMENT between ARCHEMIX CORP. and MERCK, KGaA January 17, 2007 Portions of this Exhibit were omitted and have been filed separately with the Secretary of the Commission pursuant to the Company' s application requesting confidential treatment under Rule 406 of the Securities Act.


TABLE OF CONTENTS Page 1. DEFINITIONS 1 2. ADMINISTRATION OF THE COLLABORATION 19 2.1 Joint Steering Committee 19 2.2 Joint Project Team 21 3. RESEARCH PROGRAM 24 3.1 Implementation of the Research Program 24 3.2 Annual Research Plans 25 3.3 Conduct of Research Program 25 3.4 Records 26 3.5 Selection of Program Targets 27 3.6 Identification of Lead Compounds and Optimized Lead Compounds 29 3.7 Development Candidates 29 3.8 MERCK Decision Not to Go Forward 29 3.9 Supply of Proprietary Materials 30 3.10 Research Program Term 30 4. DEVELOPMENT PROGRAM; COMMERCIALIZATION OF PRODUCTS 30 4.1 Objectives of the Development Program 30 4.2 Responsibility for Development of Development Candidates and Commercialization of Products 30 4.3 Annual Development Plans 31 4.4 Product Commercialization Plans 31 4.5 Development and Commercialization Diligence 31 4.6 Compliance 32 4.7 Cooperation 32 4.8 Exchange of Reports; Information; Updates 32 4.9 Development and Commercialization Rights and Restrictions 34 4.10 Product Recalls 35 5. PAYMENTS 35 5.1 Technology Access and License Fee 35 5.2 License Maintenance Fee 35 5.3 R&D Funding 35 5.4 Milestone Payments 36 5.5 Payment of Royalties; Royalty Rates; Accounting and Records 38 Portions of this Exhibit were omitted and have been filed separately with the Secretary of the Commission pursuant to the Company' s application requesting confidential treatment under Rule 406 of the Securities Act.

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Page 6. TREATMENT OF CONFIDENTIAL INFORMATION; PUBLICITY; NON-SOLICITATION 42 6.1 Confidentiality 42 6.2 Publicity 44 6.3 Publications and Presentations 44 6.4 Prohibition on Solicitation 45 7. LICENSE GRANTS; EXCLUSIVITY 45 7.1 Research and Development Licenses 45 7.2 Commercialization License 50 7.3 Right to Sublicense 50 7.4 Right to Subcontract 50 7.5 No Other Rights 50 7.6 Exclusivity 51 8. INTELLECTUAL PROPERTY RIGHTS 51 8.1 ARCHEMIX Intellectual Property Rights 51 8.2 MERCK Intellectual Property Rights 51 8.3 Joint Technology Rights 51 8.4 Patent Coordinators 51 8.5 Inventorship 52 8.6 Cooperation 52 9. FILING, PROSECUTION AND MAINTENANCE OF PATENT RIGHTS 52 9.1 Patent Filing, Prosecution and Maintenance 52 9.2 Legal Actions 55 9.3 Trademark and Copyright Ownership Prosecution, Defense and Enforcement 58 10. TERM AND TERMINATION 58 10.1 Term 58 10.2 Termination 59 10.3 Consequences of Termination of Agreement 59 10.4 Rights and Duties of the Parties following Breach by MERCK of Diligence Obligations 62 10.5 Surviving Provisions 62 11. REPRESENTATIONS AND WARRANTIES 63 11.1 Mutual Representations and Warranties 63 11.2 ARCHEMIX' Representations and Warranties 63 11.3 Acknowledgment of MERCK 64 Portions of this Exhibit were omitted and have been filed separately with the Secretary of the Commission pursuant to the Company' s application requesting confidential treatment under Rule 406 of the Securities Act.

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Page 12. INDEMNIFICATION 64 12.1 Indemnification of MERCK by ARCHEMIX 64 12.2 Indemnification of ARCHEMIX by MERCK 65 12.3 Indemnification of Gilead and UTC by MERCK 65 12.4 Conditions to Indemnification 65 12.5 Warranty Disclaimer 66 12.6 No Warranty of Success 66 12.7 Limited Liability 66 13. MISCELLANEOUS 66 13.1 Arbitration 66 13.2 Change of Control 68 13.3 Notices 69 13.4 Governing Law 70 13.5 Binding Effect 70 13.6 Headings 70 13.7 Counterparts 70 13.8 Amendment; Waiver 70 13.9 No Third Party Beneficiaries 71 13.10 Purposes and Scope 71 13.11 Assignment and Successors 71 13.12 Force Majeure 71 13.13 Interpretation 71 13.14 Integration; Severability 71 13.15 Further Assurances 72 Portions of this Exhibit were omitted and have been filed separately with the Secretary of the Commission pursuant to the Company' s application requesting confidential treatment under Rule 406 of the Securities Act.

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List of Schedules Schedule 1 Optimized Lead Compound Selection CriteriaSchedule 2A Program TargetsSchedule 2B Target Replacement ListSchedule 3 Licensed Patent RightsSchedule 4 Excluded AptamersSchedule 5 Excluded TargetsSchedule 6 Development Candidate Selection CriteriaSchedule 7 Form of Press ReleaseSchedule 8 Regional Offices or Countries in which Patent Applications are to be Nationalized or Otherwise Prosecuted, Filed and MaintainedSchedule 9 Material Terms to be Included in Form of Co-Promotion AgreementSchedule 10 Merck' s Standard Exchange Rate Methodology Applied In Its External ReportingSchedule 11 Program Chemistries Portions of this Exhibit were omitted and have been filed separately with the Secretary of the Commission pursuant to the Company' s application requesting confidential treatment under Rule 406 of the Securities Act.

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COLLABORATIVE RESEARCH AND LICENSE AGREEMENT This COLLABORATIVE RESEARCH AND LICENSE AGREEMENT (this " Agreement" ) is entered into as of January 17, 2007, by and between Archemix Corp., a Delaware corporation with offices at 300 Third Street, Cambridge, MA 02142 (" ARCHEMIX" ), and Merck KGaA, a company organized under the laws of Germany with offices at Frankfurter Str. 250, 64293 Darmstadt, Germany (" MERCK" ). Each of MERCK and ARCHEMIX is sometimes referred to individually herein as a " Party" and collectively as the " Parties." WHEREAS, ARCHEMIX has developed and controls certain technology, patent rights and proprietary materials related to (a) the identification and optimization of aptamers using its proprietary SELEX99 process and SELEX99 technology, and (b) the use of such aptamers for treating, preventing or delaying onset or progression of human diseases or conditions; and WHEREAS, MERCK is engaged in the research, development and commercialization of human therapeutics; and WHEREAS, the Parties desire to enter into a collaboration for the purposes of identifying aptamers against certain identified targets, and developing and commercializing products derived from such aptamers for the prevention, treatment and delay of onset or progression of cancer. NOW, THEREFORE, in consideration of the mutual covenants contained herein, and for other good and valuable consideration, the Parties hereto, intending to be legally bound, hereby agree as follows: 1. DEFINITIONS Whenever used in this Agreement with an initial capital letter, the terms defined in this Section 1 and in Schedule 9 attached hereto shall have the meanings specified. 1.1 " Adverse Event" means any untoward, undesired or unplanned medical occurrence in a human clinical trial subject or a patient, which occurrence has a temporal relationship to administration of a Development Candidate or Product, whether or not considered related to the Development Candidate or Product, including, without limitation, any undesirable sign (including abnormal laboratory findings of clinical concern), symptom or disease associated with the use of such Development Candidate or Product. 1.2 " Affiliate" means, with respect to any Person, any other Person that, directly or indirectly through one or more affiliates, controls, or is controlled by, or is under common control with, such Person. For purposes of this definition, " control" means (a) ownership of fifty percent (50%) or more of the shares of stock entitled to vote for the election of directors in the case of a corporation, or fifty percent (50%) or more of the equity interests in the case of any other type of legal entity, (b) status as a general partner in any partnership, or (c) any other arrangement whereby a Person controls or has the right to control the board of directors of a corporation or equivalent governing body of an entity other than a corporation. 1.3 " Annual Development Plan" means, with respect to each Optimized Lead Compound and Development Candidate and Contract Year, the written plan for the DevelopmentPortions of this Exhibit were omitted and have been filed separately with the Secretary of the Commission pursuant to the Company' s application requesting confidential treatment under Rule 406 of the Securities Act.


Program for such Optimized Lead Compound and Development Candidate for such Contract Year, as such written plan may be amended, modified or updated, as further described in Section 4.3. 1.4 " Annual Net Sales" means, with respect to any Calendar Year, the aggregate amount of the Net Sales for such Calendar Year. 1.5 " Annual Research Plan" means the written plan describing the research activities to be carried out by each Party during each Contract Year of the Research Program Term in conducting the Research Program pursuant to this Agreement as well as a budget therefore, as such written plan may be amended, modified or updated, as further described in Section 3.2. 1.6 " Applicable Laws" means Federal, state, local, national and supra-national laws, statutes, rules and regulations, including any rules, regulations, guidance, guidelines or requirements of Regulatory Authorities, national securities exchanges or securities listing organizations, that are in effect from time to time during the Term and apply to a particular activity hereunder. 1.7 " Aptamer" means (a) any naturally or non-naturally occurring oligonucleotide identified by ARCHEMIX through the SELEXae Process that binds with high specificity and affinity to a Target; and (b) any oligonucleotide Derived from the oligonucleotide of (a) that has such high specifity and affinity. 1.8 " ARCHEMIX Background Technology" means any Technology that is used by ARCHEMIX, or provided by ARCHEMIX for use, in the Research Program and/or the Development Program that is (a) Controlled by ARCHEMIX as of the Effective Date or (b) conceived or first reduced to practice by employees of, or consultants to, ARCHEMIX after the Effective Date other than in the conduct of ARCHEMIX Research Activities or ARCHEMIX Development Activities and without the use in any material respect of any MERCK Technology (other than Collaboration Aptamers), MERCK Patent Rights or MERCK Materials. For purposes of clarity, ARCHEMIX Background Technology (a) shall include the SELEXae Process and SELEXae Technology and (b) shall not include Collaboration Aptamers, ARCHEMIX Program Technology or ARCHEMIX' s interest in Joint Technology. 1.9 " ARCHEMIX Decision" means a decision with respect to the following issues: (a) the conduct of the [***] against [***]; (b) whether ARCHEMIX is to incur any [***]; (c) whether ARCHEMIX is to be obligated to perform any [***]; (d) whether ARCHEMIX is to incur any [***] in the performance of [***] or [***]; (e) the expansion, at MERCK' s request, of the number of FTEs to be provided by ARCHEMIX under the Research Program beyond [***] in any [***]; and (f) the inclusion of any [***] MERCK as [***] Program Target. 1.10 " ARCHEMIX Development Activities" means all Development activities specified to be conducted by ARCHEMIX in any Annual Development Plan (or amendment thereto) and approved by ARCHEMIX' s representatives on the JPT and JSC (without resort to the dispute resolution procedures set forth in Section 2.1.6).Portions of this Exhibit were omitted and have been filed separately with the Secretary of the Commission pursuant to the Company' s application requesting confidential treatment under Rule 406 of the Securities Act.

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1.11 " ARCHEMIX-Gilead License Agreement" means the License Agreement between Gilead Sciences, Inc. and ARCHEMIX dated October 21, 2001, as amended. 1.12 " ARCHEMIX Materials" means any Proprietary Materials that are Controlled by ARCHEMIX and used by ARCHEMIX, or provided by ARCHEMIX for use, in the Research Program and/or the Development Program. For purposes of clarity, ARCHEMIX Materials shall include all Aptamers provided by ARCHEMIX for use in the Research Program. 1.13 " ARCHEMIX Patent Rights" means any Patent Rights Controlled by ARCHEMIX that contain one or more claims that cover ARCHEMIX Technology. 1.14 " ARCHEMIX Program Technology" means (a) any oligonucleotide of an Enriched Pool that is not a Program Oligonucleotide; (b) any Program Technology that is conceived or first reduced to practice by employees of, or consultants to, ARCHEMIX, alone or jointly with any Third Party, without the use in any material respect of any MERCK Technology (other than Collaboration Aptamers), MERCK Patent Rights, MERCK Materials or Joint Technology; and (c) any Program Technology, regardless of whether conceived or first reduced to practice by employees of, or consultants to, ARCHEMIX, MERCK, or both Parties, alone or jointly with any Third Party, that relates to, or constitutes, the SELEXae Process or SELEXae Technology. For purposes of clarity, ARCHEMIX Program Technology does not include Program Generic Technology, Program Aptamer-Specific Technology and/or Development Program Technology. 1.15 " ARCHEMIX Research Activities" means all activities specified to be conducted by ARCHEMIX in any Annual Research Plan (or amendment thereto) that are (a) approved by the JPT and the JSC and (b) to the extent involving matters that are ARCHEMIX Decisions, approved by ARCHEMIX in accordance with Section 2.1.6. 1.16 " ARCHEMIX Technology" means, collectively, ARCHEMIX Background Technology and ARCHEMIX Program Technology. 1.17 " Calendar Quarter" means each successive period of three (3) consecutive calendar months commencing on January 1, April 1, July 1 or October 1, as the case may be, and ending on March 31, June 30, September 30 or December 31, respectively; provided, that, the initial Calendar Quarter shall commence on the Effective Date and end on March 31, 2007. 1.18 " Calendar Year" means each successive period of twelve (12) months commencing on January 1 and ending on December 31. 1.19 " Change of Control" means, with respect to a Party, (a) a merger, consolidation, share exchange or other similar transaction involving such Party and any Third Party which results in the holders of the outstanding voting securities of such Party immediately prior to such merger, consolidation, share exchange or other similar transaction ceasing to hold more than fifty percent (50%) of the combined voting power of the surviving, purchasing or continuing entity immediately after such merger, consolidation, share exchange or other similar transaction, (b) any transaction or series of related transactions (other than an investment transaction by an entityPortions of this Exhibit were omitted and have been filed separately with the Secretary of the Commission pursuant to the Company' s application requesting confidential treatment under Rule 406 of the Securities Act.

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not engaged in the pharmaceutical or biotechnology business, the purpose of which is to raise capital for a Party) in which a Third Party, together with its Affiliates, becomes the beneficial owner of fifty percent (50%) or more of the combined voting power of the outstanding securities of such Party, or (c) the sale or other transfer to a Third Party of all or substantially all of such Party' s assets which relate to this Agreement. 1.20 " Collaboration" means the alliance of ARCHEMIX and MERCK established pursuant to this Agreement for the purposes of identifying, researching and Developing Development Candidates and Commercializing Products in the Field in the Territory. 1.21 " Collaboration Aptamer" means, collectively, Program Oligonucleotides, Program Aptamers, Lead Compounds, Optimized Lead Compounds, Development Candidates and/or Products. 1.22 " Combination Product" means a combination or bundled product that is sold together in a single package or as a unit at a single price by a Party, its Affiliates or sublicensees (or Sublicensees, as the case may be) and that includes: (a) a Product; and (b) a Supplemental Product that is not within the Licensed Patent Rights, where both the Product and the Supplemental Product are required to treat the intended Indication and/or to achieve the intended use or effect. 1.23 " Commercialization" or " Commercialize" means any and all activities directed to the commercialization of a Product after Commercialization Regulatory Approval has been obtained, including marketing, manufacturing for commercial sale, promoting, detailing, distributing, offering to sell and selling a Product, importing a Product for sale, conducting post-marketing human clinical studies and interacting with Regulatory Authorities regarding the foregoing. When used as a verb, " to Commercialize" and " Commercializing" means to engage in Commercialization and " Commercialized" has a corresponding meaning. 1.24 " Commercially Reasonable Efforts" means (a) with respect to activities of ARCHEMIX in the Research Program, or, with respect to the conduct of ARCHEMIX Development Activities, if any, or, with respect to activities of ARCHEMIX in the Commercialization of a Waived Compound which is the subject of a transition plan pursuant to Section 7.1.2(c), the efforts and resources comparable to those undertaken by ARCHEMIX in pursuing the research, discovery, development, commercialization and intellectual property protection of proprietary materials and the development of product candidates, as applicable, that are not subject to the Collaboration and that are at an equivalent stage of development or commercialization and have similar market potential and are at a similar stage in their lifecycle, and (b) with respect to activities of MERCK in the Research Program, the Development of a particular Development Candidate or the Commercialization of a particular Product, the efforts and resources comparable to those undertaken by MERCK in pursuing intellectual property protection and development of product candidates and commercialization of products, as applicable, that are not subject to the Collaboration and that are at an equivalent stage of development or commercialization and have similar market potential and are at a similar stage in their lifecycle. For purposes of both (a) and (b) above, all relevant factors as measured by the facts and circumstances at the time such efforts are due shall be taken into account, including, asPortions of this Exhibit were omitted and have been filed separately with the Secretary of the Commission pursuant to the Company' s application requesting confidential treatment under Rule 406 of the Securities Act.

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applicable and without limitation, mechanism of action; efficacy and safety; product profile; actual or anticipated Regulatory Authority approved labeling; and the nature and extent of market exclusivity (including patent coverage, proprietary position and regulatory exclusivity; cost, time required for and likelihood of obtaining Commercialization Regulatory Approval; competitiveness of alternative products and market conditions; actual or projected profitability and availability of capacity to manufacture and supply for commercial sale). 1.25 " Commercialization Regulatory Approval" means, with respect to any Product, the Regulatory Approval required by Applicable Laws to sell such Product for use in the Field in a country or region in the Territory. " Commercialization Regulatory Approval" shall include, without limitation, the approval of any Drug Approval Application. For purposes of clarity, " Commercialization Regulatory Approval" in the United States shall mean final approval of an NDA for the first Indication or sNDA for an additional Indication permitting marketing of the applicable Product in interstate commerce in the United States, " Commercialization Regulatory Approval" in the European Union shall mean marketing authorization for the applicable Product pursuant to Council Directive 2001/83/EC, as amended, or Council Regulation 2309/93/EEC, as amended and " Commercialization Regulatory Approval" in Japan shall mean final approval of an application submitted to the Ministry of Health, Labor and Welfare and the publication of a New Drug Approval Information Package permitting marketing of the applicable Product in Japan, as any of the foregoing may be amended from time to time. 1.26 " Competitive Entity" means any Third Party in the top [***] companies ranked by [***] in the most recently completed Calendar Year for which such ranking is readily available from an unaffiliated Third Party. 1.27 " Competitive Program" means any research, development or commercialization activity that involves an Aptamer that targets a Program Target for use in the Field. 1.28 " Confidential Information" means (a) with respect to ARCHEMIX, all tangible embodiments of ARCHEMIX Technology, (b) with respect to MERCK, all tangible embodiments of MERCK Technology and (c) with respect to each Party, (i) all tangible embodiments of Joint Technology and (ii) all information, Technology and Proprietary Materials disclosed or provided by or on behalf of such Party (the " disclosing Party" ) to the other Party (the " receiving Party" ) or to any of the receiving Party' s employees, consultants, Affiliates or sublicensees (or Sublicensees, as the case may be); provided, that, none of the foregoing shall be Confidential Information if: (A) as of the date of disclosure, it is known to the receiving Party or its Affiliates as demonstrated by contemporaneous credible written documentation, other than by virtue of a prior confidential disclosure to such receiving Party; (B) as of the date of disclosure it is in the public domain, or it subsequently enters the public domain through no fault of the receiving Party; (C) it is obtained by the receiving Party from a Third Party having a lawful right to make such disclosure free from any obligation of confidentiality to the disclosing Party; or (D) it is independently developed by or for the receiving Party without reference to or use of any Confidential Information of the disclosing Party as demonstrated by contemporaneous credible written documentation. For purposes of clarity, unless excluded from Confidential Information pursuant to the proviso at the end of the preceding sentence, any scientific, technical or financial information of a Party that is disclosed at any meeting of the JSC, JPT or JMC or disclosedPortions of this Exhibit were omitted and have been filed separately with the Secretary of the Commission pursuant to the Company' s application requesting confidential treatment under Rule 406 of the Securities Act.

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through an audit report shall constitute Confidential Information of the disclosing Party. Notwithstanding anything herein to the contrary, the terms of this Agreement shall constitute Confidential Information of each Party. 1.29 " Contract Year" means (a) the period beginning on the Effective Date and ending on the first anniversary of the last day of the calendar month in which the Effective Date falls and (b) each succeeding twelve (12) month period thereafter. 1.30 " Control" or " Controlled" means (a) with respect to Technology or Patent Rights, the possession by a Party of the right to grant a license or sublicense to such Technology or Patent Rights as provided herein without the payment of additional consideration to, and without violating the terms of any agreement or arrangement with, any Third Party and without violating any Applicable Laws and (b) with respect to Proprietary Materials, the possession by a Party of the right to supply such Proprietary Materials to the other Party as provided herein without the payment of additional consideration to, and without violating the terms of, any agreement or arrangement with any Third Party, and without violating any Applicable Laws. 1.31 " CTN" means the notification submitted to the Japanese Ministry of Health, Labor and Welfare prior to the Initiation of a clinical trial in Japan. 1.32 " Derived" means identified, obtained, developed, created, synthesized, generated, designed or resulting from, based upon, containing or incorporating; conjugated to or complexed with (whether directly or indirectly, or in whole or in part). 1.33 " Detail" means, with respect to a Co-Promoted Product, an interactive, live, face-to-face contact of a Representative within the Co-Promotion Territory with a medical professional with prescribing authority or other individuals or entities that have a significant impact or influence on prescribing decisions, in an effort to increase physician prescribing preferences of such Co-Promoted Product for its approved uses within the Co-Promotion Territory. When used as a verb, " Detailing" means performing Details. When used as an adjective, " Detailing" means of or related to performing Details. 1.34 " Development" or " Develop" means, with respect to each Optimized Lead Compound and Development Candidate, all non-clinical and clinical activities performed in order to obtain Regulatory Approval of a Product Derived from such Optimized Lead Compound or Development Candidate in accordance with this Agreement up to and including the obtaining of Commercialization Regulatory Approval of such Product. For purposes of clarity, these activities include, without limitation, in vivo animal efficacy testing, preclinical safety testing, test method development and stability testing, regulatory toxicology studies, formulation, process development, manufacturing, manufacturing scale-up, development-stage manufacturing, quality assurance/quality control development, statistical analysis and report writing, clinical trial design and operations, preparing and filing Drug Approval Applications, and all regulatory affairs related to the foregoing. When used as a verb, " Developing" means to engage in Development and " Developed" has a corresponding meaning.Portions of this Exhibit were omitted and have been filed separately with the Secretary of the Commission pursuant to the Company' s application requesting confidential treatment under Rule 406 of the Securities Act.

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1.35 " Development Candidate" means any Optimized Lead Compound that the JPT nominates and the JSC accepts as a Development Candidate as set forth in Section 3.7 and for which MERCK has paid the Development Candidate Milestone Payment in the time allotted for such payment in Section 5.4.1; provided, that, no Collaboration Aptamer shall, after [***], be nominated or accepted as a Development Candidate. 1.36 " Development Candidate Milestone Payment" means the payment to be made to ARCHEMIX upon occurrence of Milestone 2 pursuant to Section 5.4.1. 1.37 " Development Candidate Selection Criteria" or " DCSC" means the guideline criteria for selecting Optimized Lead Compounds that are sufficiently promising to warrant further Development as Development Candidates as set forth in Schedule 6 attached hereto, as such Schedule 6 shall be amended from time to time by the JSC, which amendment shall occur before any activities with respect to such Development Candidate are initiated, in any material respect, in the Development Program. 1.38 " Development Program" means the Development activities to be conducted during the Term with respect to each Optimized Lead Compound and Development Candidate pursuant to the Annual Development Plan, with the objective of developing such Optimized Lead Compound or Development Candidate into a Product. 1.39 " Development Program Technology" means any Technology that is first conceived or reduced to practice within the Development Program including but not limited to a process for modifying, optimizing, using, formulating, delivering and/or stabilizing a Collaboration Aptamer. 1.40 " Diagnosis" means (a) the determination or monitoring of (i) the presence or absence of a disease, (ii) the stage, progression or severity of a disease or (iii) the effect on a disease of a particular treatment; and/or (b) the selection of patients for a particular treatment with respect to a disease. 1.41 " Diagnostic Product" means In Vitro Diagnostics, In Vivo Diagnostic Agents and any product used for Diagnosis. For purposes of clarity, the term Diagnostic Product shall not include a product used for the delay of the onset or progression of, or the treatment or prevention of, an Indication. 1.42 " Drug Approval Application" means, with respect to a Product in a particular country or region, an application for Commercialization Regulatory Approval for such Product in such country or region, including without limitation: (a) an NDA or sNDA; (b) a counterpart of an NDA or sNDA in any country or region in the Territory (including, without limitation, a CTN); and (c) all supplements and amendments to any of the foregoing. 1.43 " Enriched Pool" means a pool of oligonucleotides used to perform the SELEXae Process against a Program Target in the performance of the Research Program that (a) has undergone [***] or more [***] of [***] and (b) wherein, using an [***] with [***] of [***] (i.e., [***]) and [***] of the applicable Program Target, at least [***]% of the input pool of [***] isPortions of thi ...

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