Common use of Independent Development and Residuals Clause in Contracts

Independent Development and Residuals. Notwithstanding any provision in this Agreement to the contrary: (a) this Agreement and the terms of confidentiality and nonuse hereunder shall not be construed to limit Invitae’s right to independently develop or acquire products or technology, including products or technology that are similar to, or that compete with, any of the [***]Products; and (b) the Receiving Party shall be free to use for any purpose the residuals resulting from access to or work with the Disclosing Party’s Confidential Information. The term “residuals” means information in non-tangible form that may be retained in the unaided memories of individuals who have had rightful access to Confidential Information under this Agreement, including ideas, concepts, know-how or techniques contained therein. No Party shall have any obligation to limit or restrict the assignment or reassignment of such individuals or to pay royalties for any work resulting from the use of residuals. However, the provisions of this Section 12.6 shall not be deemed to grant to any Party a license under the other Party’s copyrights or patents. 

Independent Development and Residuals. Notwithstanding any provision in this Agreement to the contrary: (a) this Agreement and the terms of confidentiality and nonuse hereunder shall not be construed to limit Invitaeeither Party’s right to independently develop or acquire products or technology, including products or technology that are similar to, or that compete with, any of the [***]Products; and (b) the Receiving Party shall be free to use for any purpose the residuals resulting from access to or work with the Disclosing Party’s Confidential Information. The term “residuals” means information in non-tangible form that may be retained in the unaided memories of individuals who have had rightful access to Confidential Information under this Agreement, including ideas, concepts, know-how or techniques contained therein. No Party shall have any obligation to limit or restrict the assignment or reassignment of such individuals or to pay royalties for any work resulting from the use of residuals. However, the provisions of this Section 12.6 4.6 shall not be deemed to grant to any Party a license under the other Party’s copyrights or patents.