Common use of Certain Exclusions Clause in Contracts

Certain Exclusions. For the avoidance of doubt: (a) The releases and covenants not to xxx contained in this Article 4 (other than the releases set forth in Section 4.3) shall apply solely to (i) the activities occurring prior to the Effective Date of each of the Parties, and (ii) the activities occurring prior to the Effective Date of each of the Parties’ respective Subsidiaries existing on or prior to the Effective Date. In no event shall the releases and covenants not to xxx contained in this Article 4 apply to the activities, whether occurring prior to or after the Effective Date, of (1) any Third Party with or into which a Party merges or combines, whether or not such Party remains the surviving entity, or (2) any Acquired Business, in each case, after the Effective Date. (b) Other than as set forth in the [***] Release, the releases and covenants not to xxx contained in this Article 4 are not intended to and do not extend to any defendant in either the Patent Litigation or the Antitrust Litigation (or any of their Subsidiaries), unless that defendant is explicitly named as a Party to this Agreement, or to any Excluded Entity.

Certain Exclusions. For the avoidance of doubt: (a) The releases and covenants not to xxx contained in this Article 4 (other than the releases set forth in Section 4.3) shall apply solely to (i) the activities occurring prior to the Effective Date of each of the Parties, and (ii) the activities occurring prior to the Effective Date of each of the Parties’ respective Subsidiaries existing on or prior to the Effective Date. In no event shall the releases and covenants not to xxx contained in this Article 4 apply to the activities, whether occurring prior to or after the Effective Date, of (1i) any Third Party that may acquire or combine with any Party or into which a Party merges or combines, whether or not such Party remains the surviving entity, its Subsidiaries or (2ii) any Acquired BusinessThird Party, portion of a Third Party, and/or any portion of the assets of business of a Third Party that may be acquired by or combined with any Party or its Subsidiaries, in each case, case after the Effective Date. (b) Other than as set forth in the [***] Release, the The releases and covenants not to xxx contained in this Article 4 are not intended to and do not extend to any defendant in either the Patent Litigation or the Antitrust Litigation (or any of their Subsidiaries), unless that defendant is explicitly named as a Party to this Agreement, or to any Excluded EntityEntity or its Subsidiaries.

Certain Exclusions. For the avoidance of doubt: (a) The releases and covenants not to xxx contained in this Article 4 (other than the releases set forth in Section 4.3) shall apply solely to (i) the activities occurring prior to the Effective Date of each of the Parties, and (ii) the activities occurring prior to the Effective Date of each of the Parties’ ' respective Subsidiaries existing on or prior to the Effective Date. In no event shall the releases and covenants not to xxx contained in this Article 4 apply to the activities, whether occurring prior to or after the Effective Date, of (1) any Third Party with or into which a Party merges or combines, whether or not such Party remains the surviving entity, or (2) any Acquired Business, in each case, after the Effective Date. (b) Other than as set forth in the [***] Release, the releases and covenants not to xxx contained in this Article 4 are not intended to and do not extend to any defendant in either the Patent Litigation or the Antitrust Litigation (or any of their Subsidiaries), unless that defendant is explicitly named as a Party to this Agreement, or to any Excluded Entity.

Certain Exclusions. For the avoidance of doubt: (a) The releases and covenants not to xxx contained in this Article 4 (other than the releases set forth in Section 4.3) shall apply solely to (i) the activities occurring prior to the Effective Date of each of the Parties, and (ii) the activities occurring prior to the Effective Date of each of the Parties’ respective Subsidiaries existing on or prior to the Effective Date. In no event shall the releases and covenants not to xxx contained in this Article 4 apply to (i) any Third Party that may acquire or combine with any Party or its Subsidiaries or (ii) any Third Party, portion of a Third Party, and/or any portion of the activitiesassets of business of a Third Party that may be acquired by or combined with any Party or its Subsidiaries, whether occurring prior to or in each case after the Effective Date, of (1) any Third Party . ________________ [***] Confidential treatment has been requested for the bracketed portions. The confidential redacted portion has been omitted and filed separately with or into which a Party merges or combines, whether or not such Party remains the surviving entity, or (2) any Acquired Business, in each case, after the Effective DateSecurities and Exchange Commission. (b) Other than as set forth in the [***] Release, the The releases and covenants not to xxx contained in this Article 4 are not intended to and do not extend to any defendant in either the Patent Litigation or the Antitrust Litigation (or any of their Subsidiaries), unless that defendant is explicitly named as a Party to this Agreement, or to any Excluded EntityEntity or its Subsidiaries.