Common use of Selection of Genes Clause in Contracts

Selection of Genes. The Research Committee shall ------------------ have the sole authority to select the Genes for use in the Research Program. The Research Committee shall consider in the selection of Genes: commercialization issues for each of Zeneca and Maxygen, technical feasibility and freedom to operate risks for the commercialization of Zeneca Products and Maxygen Products. It is understood and agreed that where there is more than one gene which could be Shuffled for a particular purpose, [*******] the Research Committee shall select for Shuffling in the Research Program a gene(s) for which sublicense rights are available for both of Zeneca and Maxygen. It is further understood and agreed that the Research Committee shall use all reasonable efforts to identify and select for Shuffling in each Trait Category at least [*******] for which sublicense rights are available for Maxygen. Unless otherwise agreed in writing, the Research Committee shall accept or decline to accept a proposed gene as a Gene within ninety (90) days of date of receipt of the information described in Sections 2.5.1(a) and (b) above.