Common use of Option to License Clause in Contracts

Option to License. 4.2.1. NIBRI shall have the exclusive right (the "Option") to license any and all Active Compounds, together with their underlying Myogen Targets or Collaboration Targets, as Development Candidates, for development and commercialization of products with respect to any and all human or veterinary health care uses and any and all agricultural uses, under the terms and conditions set forth in the License Agreement. 4.2.2. While the Option is in effect, Myogen will not grant to any Third Party rights within the Field to Myogen Technology, Myogen Compounds, Myogen Targets, Collaboration Targets, or Collaboration Compounds nor will Myogen enter into any [/\#/\]CONFIDENTIAL TREATMENT REQUESTED collaboration with a Third Party with respect to any of the foregoing. The latter restriction shall not apply to Extra-Collaboration Targets, as defined below, or the Active Compounds having a therapeutic effect on such Extra-Collaboration Targets, if NIBRI's right of first negotiation has lapsed or failed to result in a completed transaction between Myogen and NIBRI, despite the good faith efforts of the parties.