Provision Language
8. Access to and Supply of the Product
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8.6 Commercial Benefits Arising from the Product. The Parties acknowledge and agree it is unlikely that any significant commercial benefits will arise from the Development and the Marketing of the Product in the Field for use in the Affected Territory given the epidemiology of the disease as of the Effective Date and the provisions of this Clause 8. In the event of any commercial benefits arising from the Product to the Partner as a result of Funder Funding, the Partner shall promptly notify Funder of such benefits and shall comply with the Funder Shared Risks/Shared Benefits Policy. The Parties shall agree in good faith how such benefits (if any) arising are to be managed in a fair, equitable and proportionate manner, taking account of the financial contribution of each of the Parties to the Background Intellectual Property and Foreground Intellectual Property being exploited, the public and philanthropic nature of the Funder Funding, the public benefit derived from the proposed Development and Exploitation, and any private or ancillary benefit that may arise. Any benefits sharing shall be subject to a separate agreement that the Parties shall execute in a timely manner.
11. Intellectual Property – Management and Exploitation
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11.3 Commercial Benefits Arising from the Foreground Intellectual Property. In the event of any commercial benefits arising from the Foreground Intellectual Property to the Partner as a result of Funder Funding, the Partner shall promptly notify Funder of such benefits and shall comply with the Funder Shared Risks/Share Benefits Policy. The Parties shall agree in good faith how such benefits (if any) arising are to be managed in a fair, equitable and proportionate manner, taking account of the financial contribution of each of the Parties to the Background Intellectual Property and Foreground Intellectual Property being exploited, the public and philanthropic nature of the Funder Funding, the public benefit derived from the proposed Development and Exploitation, and any private or ancillary benefit that may arise. Any benefits sharing shall be subject to a separate agreement that the Parties shall execute in a timely manner.