Common use of Fair Summaries Clause in Contracts

Fair Summaries. The statements set forth (i) in the Pricing Disclosure Package and the Prospectus under the captions “Description of Common Stock” and “Underwriting,” (ii) in the 10-K, which is incorporated by reference in the Pricing Disclosure Package and the Prospectus, under the captions “Business – Collaborations” from “ViiV Healthcare Company and GlaxoSmithKline Collaboration” through and including “Business – Cooperative Laboratory Agreement – University of Cagliari” and “Business – Patents and Licenses”, (iii) in the Company’s Proxy Statement, as filed with the Commission on April 25, 2012, portions of which are incorporated by reference in the Pricing Disclosure Package and the Prospectus, under the captions “Compensation Discussion and Analysis”, “Certain Relationships and Related Person Transactions” and “Corporate Governance – Director Independence”, (iv) in the Company’s Current Report on Form 8-K, as filed with the Commission on July 31, 2012 and, which is incorporated by reference in the Pricing Disclosure Package and the Prospectus, in Exhibit 99.1 thereof, under the captions “Risk Factors – Factors Related to Our Relationship with Novartis” and “Risk Factors – Factors Related to Patents and Licenses” and (v) in the Company’s Current Report on Form 8-K, as filed with the Commission on July 31, 2012 and, which is incorporated by reference in the Pricing Disclosure Package and the Prospectus, under the caption “Entry into a Material Definitive Agreement”, insofar as they purport to describe the documents referred to therein, are accurate, complete and fair in all material respects.

Fair Summaries. The statements set forth (i) in the Pricing Disclosure Package and the Prospectus under the captions “Description of Common Stock” and “Underwriting,” (ii) in the 10-K, which is incorporated by reference in the Pricing Disclosure Package and the Prospectus, under the captions “Business – — Collaborations” from “ViiV Healthcare Company and GlaxoSmithKline Collaboration” through and including “Business – — Cooperative Laboratory Agreement – Agreements — University of Cagliari”, “Business — Patents and Licenses,” “Risk Factors — Factors Related to Our Relationship with Novartis”, “Risk Factors — Factors Related to Patents and Licenses” and “Business – Patents Risk Factors — Factors Related to Our Dependence on Third Parties Other Than Novartis — Our license agreement with GSK is important to our business. The milestone payments and Licensesroyalties we could receive under our license agreement with GSK could be delayed, reduced or terminated if GSK terminates or fails to perform its obligations under its agreement with us or if GSK is unsuccessful in its sales efforts”, (iii) in the Company’s Proxy Statement, as filed with the Commission on April 25, 20122011, portions of which are incorporated by reference in the Pricing Disclosure Package and the Prospectus, under the captions “Compensation Discussion and Analysis”, “Certain Relationships and Related Person Transactions” and “Corporate Governance – — Director Independence”, ” and (iv) in the Company’s Current Quarterly Report on Form 810-KQ for the quarterly period ended September 30, 2011, as filed with the Commission on July 31November 2, 2012 and, which is incorporated by reference in the Pricing Disclosure Package and the Prospectus, in Exhibit 99.1 thereof, under the captions “Risk Factors – Factors Related to Our Relationship with Novartis” and “Risk Factors – Factors Related to Patents and Licenses” and (v) in the Company’s Current Report on Form 8-K, as filed with the Commission on July 31, 2012 and2011, which is incorporated by reference in the Pricing Disclosure Package and the Prospectus, under the caption captions “Entry into a Material Definitive AgreementRisk Factors — Factors Related to Our Relationship with Novartis”, “Risk Factors — Factors Related to Our Dependence on Third-Parties Other Than Novartis — Our license agreement with ViiV is important to our business. The milestone payments and royalties we could receive under our license agreement with ViiV could be delayed, reduced or terminated if ViiV terminates or fails to perform its obligations under its agreement with us or if ViiV is unsuccessful in its sales efforts” and “Risk Factors — Factors Related to Patents and Licenses”, insofar as they purport to describe the documents referred to therein, are accurate, complete and fair in all material respects.