Common use of Right of First Discussion Clause in Contracts

Right of First Discussion. If, at any time during the term hereof, Bukwang (a) acquires rights in respect of human uses or applications of L-FMAU outside the Field (a “Non-Field Use”) and (b) decides to license any rights relating to such Non-Field Use in the Territory, it shall give prompt notice thereof to Eisai. Such notice shall include a description of the rights which Bukwang wishes to license, together with all data and information in Bukwang’s possession relating to the applicable Non-Field Use. Thereafter, Eisai shall have ninety (90) days to notify Bukwang whether Eisai is interested in commencing negotiations to obtain a license to such rights (the “Non-Field License”). If Eisai does not give such notice within such ninety (90) day period, Bukwang shall be entitled to commence negotiations with a third party in respect of the Non-Field-License and shall be free to license such rights of “the Non-Field License” to the third parties.