FOR THE ACTUAL COST IN
PROVIDING COPIES, PHARMACOPEIA AND/OR SCHERING, AS APPROPRIATE, SHALL PROVIDE TO
THE REQUESTING PARTY COPIES OF SUCH RECORDS.
2.8
PERFORMANCE OF SCREENING PROGRAMS.
WITH
RESPECT TO EACH SCREENING TARGET, THE PARTIES AGREE THAT PROMPTLY FOLLOWING THE
ACCEPTANCE BY PHARMACOPEIA OF EACH SCREENING TARGET IN ACCORDANCE WITH
SECTION 2.1.2, SCHERING WILL PROVIDE PHARMACOPEIA (FREE OF CHARGE) WITH
REASONABLE QUANTITIES OF THE SCREENING TARGET PROTEIN AND ANY OF SCHERING'S
OTHER PROPRIETARY REAGENTS REQUIRED TO PERFORM ASSAYS TO IDENTIFY COMPOUNDS
HAVING ACTIVITY AGAINST SUCH SCREENING TARGET.
ALL SUCH PROTEINS AND OTHER
REAGENTS ARE AND SHALL REMAIN THE PROPERTY OF SCHERING, SHALL BE USED BY
PHARMACOPEIA SOLELY IN PERFORMANCE OF THE SCREENING PROGRAM, AND SHALL NOT BE
TRANSFERRED OR OTHERWISE MADE AVAILABLE TO ANY THIRD PARTY WITHOUT SCHERING'S
PRIOR WRITTEN CONSENT (WHICH CONSENT MAY BE GRANTED OR WITHHELD IN SCHERING'S
SOLE DISCRETION.)
UPON RECEIPT OF SUCH * PHARMACOPEIA SHALL USE DILIGENT
EFFORTS TO INITIATE AND CONDUCT A SCREENING PROGRAM TO IDENTIFY PHARMACOPEIA
COMPOUNDS HAVING ACTIVITY AGAINST SUCH SCREENING TARGET.
SUCH EFFORTS SHALL
INCLUDE ANY ASSAY DEVELOPMENT WORK OR ASSAY MODIFICATIONS NECESSARY TO ENABLE
PHARMACOPEIA TO PERFORM THE RELEVANT ASSAYS TO DETERMINE WHETHER OR NOT THE
APPLICABLE ACTIVITY CRITERIA ARE MET FOR SUCH SCREENING TARGET.
EXCEPT AS
OTHERWISE PROVIDED IN SECTION 2.6, PHARMACOPEIA SHALL BE SOLELY RESPONSIBLE *
EFFECTIVE UPON ACCEPTANCE BY PHARMACOPEIA OF EACH SCREENING TARGET UNDER
SECTION 2.1.2, PHARMACOPEIA SHALL NOT CONDUCT ANY SCREENING OF PHARMACOPEIA
COMPOUNDS, EITHER FOR ITSELF OR FOR ANY THIRD PARTY, AGAINST THE SAME TARGET AS
SUCH SCREENING TARGET (AS DETERMINED PURSUANT TO SECTION 2.11.1) FOR THE PERIOD
*
2.8.1
HITS.
ANY PHARMACOPEIA COMPOUND(S) IDENTIFIED AS
MEETING THE ACTIVITY CRITERIA AGAINST A SCREENING TARGET THROUGH SCREENING OF
THE PHARMACOPEIA COMPOUNDS BY PHARMACOPEIA DURING THE TERM OF THE COLLABORATION,
SHALL BE DESIGNATED A HIT.
UPON COMPLETION BY PHARMACOPEIA OF THE SCREENING
PROGRAM FOR A GIVEN SCREENING TARGET, PHARMACOPEIA SHALL PROMPTLY NOTIFY
SCHERING OF ALL HITS IDENTIFIED WITH RESPECT TO THAT SCREENING TARGET, WHICH
NOTICE SHALL IDENTIFY THE SCREENING TARGET AND THE AVAILABLE DATA GENERATED BY
PHARMACOPEIA REGARDING *BUT SHALL NOT DISCLOSE THE CHEMICAL STRUCTURE OF THE
HITS, OR IN THE EVENT THAT NO HITS ARE IDENTIFIED FROM THE SCREENING PROGRAM,
PHARMACOPEIA SHALL NOTIFY SCHERING TO THAT EFFECT.
* INFORMATION AND SAMPLES OF
HITS SOLELY FOR THE PURPOSE OF CONFIRMING THAT SUCH PHARMACOPEIA COMPOUND MEETS
THE ACTIVITY CRITERIA FOR THE SCREENING TARGET.
THIS WILL INCLUDE THE
PERFORMANCE BY SCHERING OF ANY TESTS NECESSARY TO CONFIRM *
SCHERING AGREES,
HOWEVER, NOT TO CONDUCT, OR HAVE CONDUCTED, *
2.8.2
* WITHIN SCHERING SHALL NOTIFY PHARMACOPEIA IN
WRITING OF THOSE COMPOUNDS WHICH SCHERING HAS CONFIRMED ARE HITS * PROMPTLY
AFTER RECEIPT OF SUCH NOTICE, PHARMACOPEIA SHALL DISCLOSE TO SCHERING * UPON
RECEIPT OF THE * SCHERING SHALL ENSURE THAT THOSE EMPLOYEES HAVING ACCESS TO THE
* SHALL ONLY USE SUCH INFORMATION FOR *
2.8.3
Lead Compounds from Screening Programs. * Schering
shall notify Pharmacopeia which (if any) of those confirmed Hits are acceptable
to Schering as Lead Compounds for initiation