Common use of Selection of Genes for Shuffling Clause in Contracts

Selection of Genes for Shuffling. With respect to any gene that the Management Committee considers for Shuffling in the Project, both Parties shall inform the Management Committee of any information of which it is aware with respect to Third Party patent applications or patents which may relate to the use of the gene in the Project and/or the development or commercialization of Products based on Shuffled Genes resulting from the Shuffling of such gene in the Project; provided, neither Party shall have any obligation to provide the Management Committee with any document which would result in (i) a breach of the attorney/client privilege with respect thereto or (ii) a breach of an obligation of confidentiality owed to a Third Party. It is understood that the Parties anticipate that MAXYGEN will propose genes for Shuffling in the Project. The Management Committee shall have the sole authority to select the Genes for use in the Project. The Management Committee shall consider technical feasibility and freedom to operate risks for the commercialization of Products in the selection of Genes.