Common use of ADDITIONAL OBLIGATIONS WITH REGARD TO ASSIGNED PATENTS Clause in Contracts

ADDITIONAL OBLIGATIONS WITH REGARD TO ASSIGNED PATENTS. (a) The parties will cooperate to effect a smooth transfer of the responsibility for prosecution, maintenance and enforcement of the Assigned Patents from 3Com to Palm. Until such transfer has been effected, 3Com agrees to continue the prosecution and maintenance of, and ongoing litigation (if any) with respect to, the Assigned Patents (including payment of maintenance fees), and to maintain its files and records relating to the Assigned Patents using the same standard of care and diligence that it uses with respect to 3Com's Patents. Palm will reimburse 3Com for all actual and reasonable expenses (excluding the value of the time of 3Com employees) to continue to prosecute and maintain the Assigned Patents after the Separation Date until the transfer of responsibility for the Assigned Patents has been completed and to continue any such ongoing litigation. The parties shall agree on a case by case basis on compensation, if any, of 3Com for the value of time of 3Com's employees as reasonably required in connection with any such litigation. 3Com will provide Palm with the originals or copies of its files relating to the Assigned Patents upon such transfer or at such earlier time as the parties may agree. (b) 3Com shall provide continuing reasonable support to Palm with respect to the Assigned Patents, including by way of example the following: (i) executing all documents prepared by Palm necessary for prosecution, maintenance, and litigation of the Assigned Patents, (ii) making available to Palm or its counsel, inventors and other persons employed by 3Com for interviews and/or testimony to assist in good faith in further prosecution, maintenance or litigation of the Assigned Patents, including the signing of documents related thereto, (iii) forwarding copies of all correspondence sent and received concerning the Assigned Patents within a reasonable period of time after receipt by 3Com, and (iv) making all relevant documents in the possession or control of 3Com and corresponding to the Assigned Patents, or any licenses thereunder, available to Palm or its counsel. Any actual and reasonable out-of-pocket expenses associated with any such assistance shall be borne by Palm, expressly excluding the value of the time of such 3Com employees; provided, however, that in the case of assistance with litigation, the parties shall agree on a case by case basis on compensation, if any, of 3Com for the value of the time of 3Com's employees as reasonably required in connection with such litigation.

ADDITIONAL OBLIGATIONS WITH REGARD TO ASSIGNED PATENTS. (a) The parties will cooperate to effect a smooth transfer of the responsibility for prosecution, maintenance and enforcement of the Assigned Patents from 3Com HP to PalmAgilent. Until such transfer has been effected, 3Com HP agrees to continue the prosecution and maintenance of, and ongoing litigation (if any) with respect to, the Assigned Patents (including payment of maintenance fees), and to maintain its files and records relating to the Assigned Patents using the same standard of care and diligence that it uses with respect to 3Com's the HP Patents. Palm Agilent will reimburse 3Com HP for all actual and reasonable expenses (excluding the value of the time of 3Com HP employees) to continue to prosecute and maintain the Assigned Patents after the Separation Date until the transfer of responsibility for the Assigned Patents has been completed and to continue any such ongoing litigation. The parties shall agree on a case by case basis on compensation, if any, of 3Com HP for the value of time of 3ComHP's employees as reasonably required in connection with any such litigation. 3Com HP will provide Palm Agilent with the originals or copies of its files relating to the Assigned Patents upon such transfer or at such earlier time as the parties may agree. (b) 3Com HP shall provide continuing reasonable support to Palm Agilent with respect to the Assigned Patents, including by way of example the following: (i) executing all documents prepared by Palm Agilent necessary for prosecution, maintenance, and litigation of the Assigned Patents, (ii) making available to Palm Agilent or its counsel, inventors and other persons employed by 3Com HP for interviews and/or testimony to assist in good faith in further prosecution, maintenance or litigation of the Assigned Patents, including the signing of documents related thereto, (iii) forwarding copies of all correspondence sent and received concerning the Assigned Patents within a reasonable period of time after receipt by 3ComHP, and (iv) making all relevant documents in the possession or control of 3Com HP and corresponding to the Assigned Patents, or any licenses thereunder, available to Palm Agilent or its counsel. Any actual and reasonable out-of-pocket expenses associated with any such assistance shall be borne by PalmAgilent, expressly excluding the value of the time of such 3Com HP employees; provided, however, that in the case of assistance with litigation, the parties shall agree on a case by case basis on compensation, if any, of 3Com HP for the value of the time of 3ComHP's employees as reasonably required in connection with such litigation.

ADDITIONAL OBLIGATIONS WITH REGARD TO ASSIGNED PATENTS. (a) The parties will cooperate to effect a smooth transfer of the responsibility for prosecution, maintenance and enforcement of the Assigned Patents from 3Com MRV to PalmOptical Access. Until such transfer has been effected, 3Com MRV agrees to continue the prosecution and maintenance of, and ongoing litigation (if any) with respect to, to the Assigned Patents (including payment of maintenance fees), and to maintain its files and records relating to the Assigned Patents using the same standard of care and diligence that it uses with respect to 3ComMRV's Patents. Palm Optical Access will reimburse 3Com MRV for all actual and reasonable expenses (excluding the value of the time of 3Com MRV employees) to continue to prosecute and maintain the Assigned Patents after the Separation Date until the transfer of responsibility for the Assigned Patents has been completed and to continue any such ongoing litigation. The parties shall agree on a case by case basis on compensation, if any, of 3Com MRV for the value of time of 3ComMRV's employees as reasonably required in connection with any such litigation. 3Com MRV will provide Palm Optical Access with the originals or copies of its files relating to the Assigned Patents upon such transfer or at such earlier time as the parties may agree. (b) 3Com MRV shall provide continuing reasonable support to Palm Optical Access with respect to the Assigned Patents, including by way of example the following: (i) executing all documents prepared by Palm Optical Access necessary for prosecution, maintenance, and litigation of the Assigned Patents, (ii) making available to Palm Optical Access or its counsel, inventors and other persons employed by 3Com MRV for interviews and/or testimony to assist in good faith in further prosecution, maintenance or litigation of the Assigned Patents, including the signing of documents related thereto, (iii) forwarding copies of all correspondence sent and received concerning the Assigned Patents within a reasonable period of time after receipt by 3ComMRV, and (iv) making all relevant documents in the possession or control of 3Com MRV and corresponding to the Assigned Patents, or any licenses thereunder, available to Palm Optical Access or its counsel. Any actual and reasonable out-of-pocket expenses associated with any such assistance shall be borne by PalmOptical Access, expressly excluding the value of the time of such 3Com MRV employees; provided, however, that in the case of assistance with litigation, the parties shall agree on a case by case basis on compensation, if any, of 3Com for the value of the time of 3Com's employees as reasonably required in connection with such litigation.case

ADDITIONAL OBLIGATIONS WITH REGARD TO ASSIGNED PATENTS. (a) The parties will cooperate to effect a smooth transfer of the responsibility for prosecution, maintenance and enforcement of the Assigned Patents from 3Com MRV to PalmLuminent. Until such transfer has been effected, 3Com MRV agrees to continue the prosecution and maintenance of, and ongoing litigation (if any) with respect to, the Assigned Patents (including payment of maintenance fees), and to maintain its files and records relating to the Assigned Patents using the same standard of care and diligence that it uses with respect to 3ComMRV's Patents. Palm Luminent will reimburse 3Com MRV for all actual and reasonable expenses (excluding the value of the time of 3Com MRV employees) to continue to prosecute and maintain the Assigned Patents after the Separation Date until the transfer of responsibility for the Assigned Patents has been completed and to continue any such ongoing litigation. The parties shall agree on a case by case basis on compensation, if any, of 3Com MRV for the value of time of 3ComMRV's employees as reasonably required in connection with any such litigation. 3Com MRV will provide Palm Luminent with the originals or copies of its files relating to the Assigned Patents upon such transfer or at such earlier time as the parties may agree. (b) 3Com MRV shall provide continuing reasonable support to Palm Luminent with respect to the Assigned Patents, including by way of example the following: (i) executing all documents prepared by Palm Luminent necessary for prosecution, maintenance, and litigation of the Assigned Patents, (ii) making available to Palm Luminent or its counsel, inventors and other persons employed by 3Com MRV for interviews and/or testimony to assist in good faith in further prosecution, maintenance or litigation of the Assigned Patents, including the signing of documents related thereto, (iii) forwarding copies of all correspondence sent and received concerning the Assigned Patents within a reasonable period of time after receipt by 3ComMRV, and (iv) making all relevant documents in the possession or control of 3Com MRV and corresponding to the Assigned Patents, or any licenses thereunder, available to Palm Luminent or its counsel. Any actual and reasonable out-of-pocket expenses associated with any such assistance shall be borne by PalmLuminent, expressly excluding the value of the time of such 3Com MRV employees; provided, however, that in the case of assistance with litigation, the parties shall agree on a case by case basis on compensation, if any, of 3Com MRV for the value of the time of 3ComMRV's employees as reasonably required in connection with such litigation.

ADDITIONAL OBLIGATIONS WITH REGARD TO ASSIGNED PATENTS. (a) The parties will cooperate to effect a smooth transfer of the responsibility for prosecution, maintenance and enforcement of the Assigned Patents from 3Com Seller to PalmPurchaser. Until such transfer has been effected, 3Com Seller agrees to continue the prosecution and maintenance of, and ongoing litigation (if any) with respect to, the Assigned Patents (including payment of maintenance fees), and to maintain its files and records relating to the Assigned Patents using the same standard of care and diligence that it uses with respect to 3Com's the Licensed Seller Patents. Palm Purchaser will reimburse 3Com Seller for all actual and reasonable expenses (excluding the value costs of the time of 3Com Seller employees) to continue to prosecute and maintain the Assigned Patents after the Separation Closing Date until the transfer of responsibility for the Assigned Patents has been completed and to continue any such ongoing litigation. The parties shall agree on a case by case basis on compensation, if any, of 3Com Seller for the value costs of time of 3ComSeller's employees as reasonably required in connection with any such litigation. 3Com will provide Palm with the originals or copies of its files relating to the Assigned Patents upon such transfer or at such earlier time as the parties may agree. (b) 3Com Seller shall provide continuing reasonable support to Palm Purchaser with respect to the Assigned Patents, including by way of example the following: (i) executing all documents prepared by Palm Purchaser necessary for prosecution, maintenance, and litigation of the Assigned Patents, (ii) making available to Palm Purchaser or its counsel, inventors and other persons employed by 3Com Seller for interviews and/or testimony to assist in good faith in further prosecution, maintenance or litigation of the Assigned Patents, including the signing of documents related thereto, (iii) forwarding copies of all correspondence sent and received concerning the Assigned Patents within a reasonable period of time after receipt by 3ComSeller, and (iv) making all relevant documents in the possession or control of 3Com Seller and corresponding to the Assigned Patents, or any licenses thereunder, available to Palm Purchaser or its counsel. Any actual and reasonable out-of-pocket expenses associated with any such assistance shall be borne by PalmPurchaser, expressly excluding the value costs of the time of such 3Com Seller employees; provided, however, that in the case of assistance with litigation, the parties shall agree on a case by case basis on compensation, if any, of 3Com Seller for the value of the time of 3ComSeller's employees as reasonably required in connection with such litigation.

ADDITIONAL OBLIGATIONS WITH REGARD TO ASSIGNED PATENTS. (a) The parties will cooperate to effect a smooth transfer of the responsibility for prosecution, maintenance and enforcement of the Assigned Patents from 3Com MRV to PalmLuminent. Until such transfer has been effected, 3Com MRV agrees to continue the prosecution and maintenance of, and ongoing litigation (if any) with respect to, to the Assigned Patents (including payment of maintenance fees), and to maintain its files and records relating to the Assigned Patents using the same standard of care and diligence that it uses with respect to 3ComMRV's Patents. Palm Luminent will reimburse 3Com MRV for all actual and reasonable expenses (excluding the value of the time of 3Com MRV employees) to continue to prosecute and maintain the Assigned Patents after the Separation Date until the transfer of responsibility for the Assigned Patents has been completed and to continue any such ongoing litigation. The parties shall agree on a case by case basis on compensation, if any, of 3Com MRV for the value of time of 3ComMRV's employees as reasonably required in connection with any such litigation. 3Com MRV will provide Palm Luminent with the originals or copies of its files relating to the Assigned Patents upon such transfer or at such earlier time as the parties may agree. (b) 3Com MRV shall provide continuing reasonable support to Palm Luminent with respect to the Assigned Patents, including by way of example the following: (i) executing all documents prepared by Palm Luminent necessary for prosecution, maintenance, and litigation of the Assigned Patents, (ii) making available to Palm Luminent or its counsel, inventors and other persons employed by 3Com MRV for interviews and/or testimony to assist in good faith in further prosecution, maintenance or litigation of the Assigned Patents, including the signing of documents related thereto, (iii) forwarding copies of all correspondence sent and received concerning the Assigned Patents within a reasonable period of time after receipt by 3ComMRV, and (iv) making all relevant documents in the possession or control of 3Com MRV and corresponding to the Assigned Patents, or any licenses thereunder, available to Palm Luminent or its counsel. Any actual and reasonable out-of-pocket expenses associated with any such assistance shall be borne by PalmLuminent, expressly excluding the value of the time of such 3Com MRV employees; provided, however, that in the case of assistance with litigation, the parties shall agree on a case by case basis on compensation, if any, of 3Com MRV for the value of the time of 3ComMRV's employees as reasonably required in connection with such litigation.