Custom Applications. Subject to the JDC’s prior written approval, BT shall have the right to provide and collect fees for customer-requested custom assay layout or custom sample layout configurations for Arrays as well as assay testing and validation services (collectively, “Custom Application Service”). Notwithstanding the foregoing, the Arrays that are the product of such Custom Application Services may only be Commercialized under the terms and conditions mutually approved by the Parties under the JDC and, in any event, only subject to the following conditions: (a) The making, using or selling of such Custom Applications by BT shall not infringe Third Party Intellectual Property rights; and (b) BT Open Arrays™ for use with Custom Applications shall be sold exclusively by AB through a restricted part number not in AB’s catalogue, subject to revenue sharing under Section 5.03 and 5.04 hereunder.
Appears in 2 contracts
Sources: Intellectual Property License, Collaboration and Supply Agreement (BioTrove, Inc.), Intellectual Property License, Collaboration and Supply Agreement (BioTrove, Inc.)