Common use of Limitations on Sublicensing Clause in Contracts

Limitations on Sublicensing. Notwithstanding anything to the contrary herein, (i) Company may not grant any sublicense of, or other grant of rights under, any of the rights granted to Company under this Section 2.1 for Infection Control Applications, (ii) Company may not grant any sublicense of, or other grant of rights under, any of the rights granted to Company under this Section 2.1 for cash consideration, except with Gen-Probe’s prior written consent, which may not be unreasonably withheld, conditioned or delayed, and (iii) in no event shall Company have any foundry rights (i.e., the Company may not make products in the Company Field available for sale under the name or label of any Third Party). Within 10 days after execution or receipt thereof, as applicable, Company shall provide Gen-Probe with a full and complete copy of each sublicense agreement granted hereunder (provided that Company may redact any confidential information contained therein that is not necessary to disclose to ensure compliance with this Agreement). Notwithstanding any authorized sublicense, Company shall remain responsible for the performance of all of its obligations under this Agreement, whether such obligations are performed by Company or any of its sublicensees.