Common use of Excluded Intellectual Property Clause in Contracts

Excluded Intellectual Property. “Excluded Intellectual Property” shall mean intellectual property solely related to: i) development of yeast for consolidated bioprocessing resulting from the collaboration between Dartmouth and the University of Stellenbosch, South Africa and subject to the Interinstitutional Agreement between Dartmouth College and University of Stellenbosch, dated January 3, 2006; ii) development of Clostridium thermocellum for consolidated bioprocessing resulting from the activities of Advanced Bioconversion Technologies, Inc., provided that said activities are not claimed in the US provisional patent application, Serial No. 60/731,674; and iii) process improvements for AFEX pretreatment, subject to the Interinstitutional Agreement between Dartmouth College and Michigan State University, dated August 1, 2005.