Common use of Term and Termination of Research Program Clause in Contracts

Term and Termination of Research Program. The initial five (5) year term of the Research Program shall commence on the Effective Date and, unless terminated earlier due to the termination of the Agreement pursuant to Section 12.3, 12.4 or 12.5, shall terminate on the fifth anniversary of the Effective Date. Syngenta shall have the right to extend the Research Term beyond the initial five (5) year term, from time to time, for consecutive periods of one Year by delivering written notice thereof to Diversa at least […***…] prior to the expiration of the initial five (5) year term or at least […***…] prior to the expiration of any extension period, and in any event the Research Term shall be extended so that funding of the Research Program during the Research Term shall comply with Section 2.6(b); provided, however, that Diversa’s express written consent shall be required for any such extension beyond the […***…] anniversary of the Effective Date. Diversa shall give Syngenta at least […***…] prior notice before the fifteenth or any subsequent anniversary of the Effective Date if it does not agree to the extension of the Research Term beyond the fifteenth or such subsequent anniversary date. If Diversa gives Syngenta this notice, Syngenta shall have no obligation to continue the Research Term or to provide any FTE Funding at any level beyond the fifteenth or such subsequent anniversary date of the Effective Date. The “Research Term” includes the initial five (5) year term and all extension periods pursuant to this Section 12.1 if applicable. The effective date of termination of the Research Term shall not be earlier than two Years after the expiration of the initial five year term, except as otherwise expressly provided under this Agreement.