Common use of Background excluded Clause in Contracts

Background excluded. “Negative List” 9.1.1 Each Party identifies in itemized form in Attachment 1B its Background which it excludes from the grant of Access Rights for the implementation of the Action or Exploitation of any Results. All other Background is considered Background of that Party, being made available for granting Access Rights. Each Party may, during the term of the Action, make additions to or amend Attachment 1B solely with the approval of the General Assembly, but may make deletions in said Attachment 1B at its own free will. 9.1.2 There shall be no obligation to grant, and no right to be granted, Access Rights to any Background that is listed in Attachment 1B to this PCA (“Listed Background“). Each Party agrees not to use, in the implementation of the Action, any of its Listed Background, if such use would result in such Listed Background being Needed by any other Party for implementation of the Action or Exploitation of Results. However, notwithstanding the first sentence of this sub-paragraph, if a Party uses any of its Listed Background in a manner that such Listed Background becomes Needed by any other Party for the implementation of the Action or Exploitation of any Results, then such Listed Background shall be deemed removed from Attachment 1B and shall therefore be deemed Background made available for Access Rights by that Party . 9.1.3 Notwithstanding anything else in this PCA, the following shall apply:

Background excluded. “Negative List” 9.1.1 Each Party identifies in itemized itemised form in Attachment 1B its Background which it excludes is excluded from the grant of Access Rights for the implementation of the Action or Exploitation of any Results. All other Background is considered Background of that Party, being Party made available for granting Access Rights. Each In addition, each Party may, during the term of the Action, make additions to or amend Attachment 1B solely with the approval of the General Assembly, but may make deletions in said Attachment 1B at its own free willdiscretion. 9.1.2 There Notwithstanding anything else in this PCA, there shall be no obligation to grant, and no right to be granted, Access Rights to any Background that is listed as excluded in Attachment 1B to this PCA (“Listed Background“). Each Party agrees not to use, in the implementation of the Action, any of its Listed Background, if such use would result in such Listed Background being Needed by any other Party for implementation of the Action or Exploitation of Results. However, notwithstanding the first sentence of this sub-paragraph, if a Party uses any of its Listed Background in a manner that such Listed Background becomes Needed by any other Party for the implementation of the Action or Exploitation of any Results, then such Listed Background shall be deemed removed from Attachment 1B and shall therefore be deemed Background made available for Access Rights by that Party in accordance with the GA and this PCA. 9.1.3 Notwithstanding anything else Regarding such Listed Background referred to in this PCAthe last sentence of Section 9.1.2, the following shall apply: a) If Background includes all or part of a commercially available product of a Party or of a third party, the terms and provisions governing the access to and use of such commercially available product shall be the prevailing terms. b) If the terms under the GA and/or this PCA regarding Access Rights to Background are in conflict with the terms of a pre-existing agreement between the owning Party and another Party or a third party, the terms and provisions of the pre-existing agreement shall be the prevailing terms.

Background excluded. “Negative List” 9.1.1 9.1.2.1 Each Party identifies in itemized form in Attachment 1B its Background which it excludes is excluded from the grant of Access Rights for the implementation of the Action or Exploitation of any Results. All other Background is considered Background of that PartyIn addition, being made available for granting Access Rights. Each each Party may, during the term of the Action, make additions to or amend Attachment 1B solely with the approval of the General AssemblyProject Steering Group, but may make deletions in said Attachment 1B at on its own free willmotion. 9.1.2 There 9.1.2.2 Notwithstanding anything else in this CA, there shall be no obligation to grant, and no right to be granted, Access Rights to any Background that is listed as excluded in Attachment 1B to this PCA CA (“Listed Background“). Each Party agrees not to use, in the implementation of the Action, any of its Listed Background, if such use would result in such Listed Background being Needed by any other Party for implementation of the Action or Exploitation of Results. However, notwithstanding the first sentence of this sub-paragraph, if a Party uses any of its actively provides such Listed Background to another Party for carrying out the latter’s tasks under the Action, causing the Listed Background to be used in a manner that such Listed Background becomes Needed by any other Party for the implementation of the Action or Exploitation of any Results, then such Listed Background shall be deemed removed from Attachment 1B and shall therefore not be deemed Background made available for excluded from obligations to grant Access Rights by that in accordance with the GA and this CA. The Party holding the rights pertaining to such Listed Background shall therefore confer Access Right to such Listed Background within the same extent as those provided for Background under this Section 9. 9.1.3 Notwithstanding anything else in this PCA, the following shall apply: