Common use of METAMORPHIX HAS FIRST SELECTION Clause in Contracts

METAMORPHIX HAS FIRST SELECTION. MetaMorphix shall be the first Party to select an Available Factor from among the then-Available Factors, by giving written notice to the other Parties of its intention to make a selection. Following receipt of such notice, the other Parties shall promptly disclose Factor Rights and Data to MetaMorphix, as provided in Section 3.4.6, above, and thereafter, MetaMorphix shall promptly (within thirty (30) days) make its selection. Upon its selection by MetaMorphix, that Available Factor shall be designated a MetaMorphix Factor by deleting it from Schedule 5.2 and listing it on Schedule 1.62. The Parties acknowledge that on September 28, 1998 MetaMorphix provided written notice. to the other Parties of its intention to make the first selection of an Available Factor, and agree that, to the extent the Factor Rights and Data required to be disclosed by each Party to the other Parties in response to such notice has not been disclosed to such other Parties as of the Effective Date, such undisclosed Factor Rights and Data shall be disclosed to MetaMorphix and GI as soon as practicable after the Effective Date..

METAMORPHIX HAS FIRST SELECTION. MetaMorphix shall be the first Party to select an Available Factor from among the then-Available Factors, by giving written notice to the other Parties of its intention to make a selection. Following receipt of such notice, the other Parties shall promptly disclose Factor Rights and Data to MetaMorphix, as provided in Section 3.4.6, above, and thereafter, MetaMorphix shall promptly (within thirty (30) days) make its selection. Upon its selection by MetaMorphix, that Available Factor shall be designated a MetaMorphix Factor by deleting it from Schedule 5.2 and listing it on Schedule 1.62. The Parties acknowledge that on September 28, 1998 MetaMorphix provided written notice. notice to the other Parties of its intention to make the first selection of an Available Factor, . and agree agree. that, to the extent the Factor Rights and Data required to be disclosed by each Party to the other Parties in response to such notice has not been disclosed to such other Parties as of the Effective Date, such undisclosed Factor Rights and Data shall be disclosed to MetaMorphix and GI as soon as practicable after the Effective Date..