Common use of Collaboration Exclusivity Clause in Contracts

Collaboration Exclusivity. During the Term of this Agreement, neither Party nor their Affiliates will (a) engage, on behalf of itself or any other party, in the research, development, manufacture, use, offer for sale, sale or import of Antisense Compounds designed to modulate the Collaboration Gene Targets, or (b) grant to any Third Party any license or right to research, develop, make, have made, use, sell, offer for sale, have sold or import Products, other than as provided in this Agreement. Notwithstanding the foregoing, (i) OncoGenex retains the right (A) to use, have used and *Certain information in this exhibit has been omitted as confidential, as indicated by [***]. This information has been filed separately with the Commission. to grant limited sublicenses to use OncoGenex’s Product-Specific Technology Patents for research, scholarly and other non-commercial purposes only and, (B) to grant sublicenses to any Third Party in accordance with Section 3.1.1; and; (ii) Isis retains the right to use Antisense Compounds modulating the Collaboration Gene Targets or to transfer such Antisense Compounds to third parties for non-commercial target validation purposes. In each case such activities will not be interpreted as a breach of this Agreement. In addition, the Parties acknowledge that Isis entered into a Strategic Collaboration and License Agreement with Alnylam Pharmaceuticals, Inc. dated March 11, 2004 and that Alnylam may independently discover and develop Antisense Compounds against Collaboration Gene Targets; however, Isis will not grant Alnylam any Isis Patent Rights specifically claiming the applicable Collaboration Gene Target or methods of specifically treating such Collaboration Gene Target.