Common use of Third Party Activities Clause in Contracts

Third Party Activities. For the avoidance of doubt, CABG acknowledges that SURMODICS cannot prevent third parties (including other SURMODICS Drug-Delivery Coatings licensees), from incorporating Compounds of interest to CABG into Drug-Delivery Coatings. If any third party (including other SURMODICS Drug-Delivery Coatings licensees), incorporates Compounds of interest to CABG into Drug-Delivery Coatings, nothing in this Agreement shall be construed as (A) requiring SURMODICS to attempt to prevent such third parties from doing so, or (B) relieving CABG of its obligations to SURMODICS (including without limitation the obligation to pay royalties according to the terms of this Agreement). In addition, if any third party incorporates Compounds of interest to CABG into Drug-Delivery Coatings, CABG shall not bring any action against SURMODICS for having supplied, or continuing to supply Reagents to such third party.