Common use of Program Technology Clause in Contracts

Program Technology. Subject to the terms and conditions of this Agreement and on an R&D Program by R&D Program basis and effective upon KineMed’s receipt of GSK’s payment of the Stage 2 Initiation Fee for such R&D Program, GSK hereby grants to KineMed a non-exclusive, worldwide, perpetual, fully paid-up, royalty-free right and license, with the right to grant sublicenses upon the prior written consent of GSK, under the Program Technology that is owned by GSK and that arose during the conduct of activities by or on behalf of GSK during the Research Term under such R&D Program, in each case, solely to the extent such Program Technology: (A) is necessary to exploit a Program Biomarker, or (B) has been incorporated by GSK into the process for evaluating such Program Biomarker.