This excerpt taken from the SGEN 10-Q filed Aug 2, 2005.
Article 2 Exclusivity
2.1 Collaboration Exclusivity. Except as otherwise provided in this Agreement, during the term of this Agreement, the Parties will work exclusively with each other with respect to each Designated Antigen in the Collaboration Field.
2.2 Other Party Activities. Except for the exclusive collaboration with respect to Designated Antigens described in Section 2.1, nothing in this Agreement will restrict either Party or its respective Affiliates from any activities for any purpose. SGI will be free to Exploit SGI Independent Technology and SGI Independent Patent Rights, and Celera will be free to Exploit Celera Independent Technology, including any Rejected Target and any Celera Antigen Target that is not a Designated Antigen, and Celera Independent Patent Rights for any purpose. Celera also may freely Exploit any Designated Antigen outside the Collaboration Field for any indication for any purpose.
2.3 Diligence. The Parties will diligently pursue their obligations as specified in this Agreement and in the Research Plan and any Development and Commercialization Plan(s) approved by the JSC. If (a) SGI has not commenced any [***], (b) a Designated Antibody or an ADC Product has [***], or (c) the JSC has otherwise determined that [***], then, in each case, [***].
2.4 Rejected Targets. A Rejected Target will not be subject to the Collaboration Program as of the date it becomes a Rejected Target, and Celera thereafter may develop and Commercialize such Rejected Target for any purpose (both inside and outside of the Collaboration Field) according to the terms of this Agreement, directly or through Third Parties, without accounting to SGI. [***]. In addition, such [***], provided, however, that (i) SGI notifies Celera of such [***]. All Celera Validation Data associated with a Rejected Target will remain Celeras Confidential Information subject to Article 11. The Materials provided by Celera relating specifically to any Rejected Target will be returned to Celera along with all associated Celera Validation Data and the IP Review Information.
2.5 Celera Exclusive Diagnostic Products. Subject to Section 2.6, Celera will have the sole and exclusive right to develop, Commercialize and otherwise Exploit any Celera Exclusive Diagnostic Product. Celera will pay royalties to SGI as provided in Section 8.9 on Celera Exclusive Diagnostic Products.
2.6 SGI Exclusive Diagnostic Products. If, at either [***] If Celera notifies SGI that it [***] in accordance with the projected timelines for the relevant [***]. If Celera either notifies SGI that it [***], SGI may, by written notice to Celera, elect to [***] that binds specifically to the [***]. Subject to the payment of royalties to Celera pursuant to Section 8.9, Celera will [***]. For clarity, Celera may develop and Commercialize a Diagnostic Product (other than an SGI Exclusive Diagnostic Product) that [***].