Common use of Cell Lines Clause in Contracts

Cell Lines. (a) PDL agrees to deliver to Roche viable samples of all cell lines producing any Antibodies in the Field developed under the research activities described in Section 6.02, and to deliver additional samples of such cell lines during the term of this Agreement as reasonably required by Roche to carry out its activities under this Agreement. Roche agrees to deliver back to PDL viable samples of such cell lines as may be requested by PDL. (b) Ownership of any cell lines developed under the Research Program or delivered to Roche under Milestone #1 of Section 3.01, together with their progeny and derivatives, shall remain vested at all times in PDL. (c) Roche may only use the cell lines delivered to it under this Section 6.03 or under Section 3.01, or their progeny or derivatives or the plasmids contained therein, to make, have made, use and sell Licensed Products in the Field within the Territory. Furthermore, the plasmids or parts thereof may only be used with the genes encoding antibodies developed or provided by PDL pursuant to the terms of this Agreement. (d) EXCEPT AS SPECIFICALLY SET FORTH IN SECTION 6.10 BELOW, PDL MAKES NO REPRESENTATIONS AND EXTENDS NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO ANY CELL LINES DELIVERED HEREUNDER. THERE ARE NO EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE USE OF THE CELL LINES DELIVERED TO ROCHE UNDER SECTION 3.01 OR THIS SECTION 6.03 WILL NOT INFRINGE ANY PATENT OR OTHER RIGHTS.

Cell Lines. (a) PDL agrees to deliver to Roche viable samples of all cell lines producing any Antibodies in the Field developed under the research activities described in Section 6.02, and to deliver additional samples of such cell lines during the term of this Agreement as reasonably required by Roche to carry out its activities under this Agreement. Roche agrees to deliver back to PDL viable samples of such cell lines as may be requested by PDL. (b) Ownership of any cell lines developed under Article VI of the Research Program 1989 Agreements or delivered to Roche under Milestone #1 of Section 3.013.1 of the 1989 Agreements, together with their progeny and derivatives, shall remain vested at all times in PDL. (cb) Roche may only use the cell lines delivered to it under this Section 6.03 or under Section 3.01the 1989 Agreements, or their progeny or derivatives or the plasmids contained therein, therein (the “Cell Line Derivatives”) solely to make, have made, use and sell Licensed Products in perform the Field within the TerritoryRoche Commercialization Activities. Furthermore, the plasmids or parts thereof Cell Line Derivatives may only be used by Roche solely in connection with the genes encoding antibodies developed or provided by PDL pursuant to the terms of this AgreementPDL. (dc) EXCEPT AS SPECIFICALLY SET FORTH IN SECTION 6.10 BELOW, PDL MAKES NO REPRESENTATIONS AND EXTENDS NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO ANY CELL LINES DELIVERED UNDER THE 1989 AGREEMENTS OR CELL LINE DERIVATIVES USED HEREUNDER. THERE ARE NO , INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR NONINFRINGEMENT. FOR CLARITY, OR PDL MAKES NO REPRESENTATIONS AND EXTENDS NO WARRANTIES OF ANY KIND THAT THE USE OF THE CELL LINES DELIVERED TO ROCHE UNDER SECTION 3.01 OR THIS SECTION 6.03 THE CELL LINE DERIVATIVES WILL NOT INFRINGE ANY PATENT OR OTHER RIGHTSRIGHTS OF ANY THIRD PARTY.