CONTINGENT LICENSE. If during the Research Period Rigel ceases to do business or is unable to perform its duties and obligations as set forth in the Research Plan, whether due to insolvency, bankruptcy or any other reason, Pfizer shall have a non-exclusive license in the Area under the Rigel Technology and under Rigel Patent Rights to carry out and complete the Research Plan.
CONTINGENT LICENSE. In the event that Dade Behring is unable or unwilling to manufacture rTF for HemoSense, Dade Behring will grant to HemoSense a royalty-bearing, worldwide sublicense to manufacture the rTF itself.
CONTINGENT LICENSE. 29.1 To ensure uninterrupted availability of the Products and ongoing maintenance and support for such Products, including Repair Services, in the event of (i) Seller's insolvency, receivership or bankruptcy proceedings or any other material proceedings for the settlement of its debts, including, without limitation, a reorganization, a compromise, an arrangement or assignment for the benefit of its creditors; the institution of such proceedings against Seller which Seller has failed to resolve in its favor within [*] after appropriate services of process; (ii) Seller making a general assignment for the benefit of creditors; or (iii) Seller's dissolution or ceasing to do business in the normal course; then Seller shall, at no additional charge, furnish to Nortel a license to use and have manufactured the Products for the duration of the Term. Should such use or manufacture of the Products, due to the occurrence of either (i), (ii) or (iii) above, involve the practice of any invention covered by a patent, Seller shall not assert such patent against Nortel.
CONTINGENT LICENSE. In the event Phasecom ceases to generate any net revenue from the sale of any wireless product for any three consecutive calendar months, then Buyer may immediately upon notice invoke a perpetual, royalty-free, fully-paid license under all Phasecom intellectual properties (other than trademarks) to develop, have developed, manufacture, have manufactured, use and sell Products (and derivatives thereof) and, if ADC's access to the MAC Product is affected by the event giving rise to the license, the right to source the chip for the MAC Product from Phasecom's chip vendor.
CONTINGENT LICENSE. In the event that Cytogen is unable or unwilling to supply NWBio requirements of MoAb 7E11-C5.3, Cytogen shall, upon written request of NWBio, provide to NWBio, at no cost to NWBio, a viable sample of a hybridoma capable of producing MoAb 7E11-C5.3, and thereafter NWBio shall have the right to use the hybridoma and to produce and use MoAb 7E11-C5.3 for the purposes set forth in this Paragraph 4.2.
CONTINGENT LICENSE. The Developer hereby grants to the Customer a contingent license to receive the source code from the escrow agent and to use the source code to support its use of the Software in machine- readable form if one or more of the following events occurs:
(a) the Developer fails to fulfill its obligations to maintain the Software as provided in this agreement,
(b) the Developer, whether directly or through a successor or affiliate, ceases to be in the software business,
(c) the Developer becomes insolvent or admits insolvency or a general inability to pay its debts as they become due,
(d) the Developer files a petition for protection under the U.S. Bankruptcy Code, or an involuntary petition is filed against it and is not dismissed within [60] days, or
(e) the Developer comes under the control of a competitor of the Customer.
CONTINGENT LICENSE. Developer hereby grants to Customer a contingent license to receive the source code from the escrow agent and to use the source code to support its use of the Software in machine-readable form if one or more of the following conditions occurs:
a. Developer, whether directly or through a successor or affiliate, ceases to be in the software business.
b. Developer fails to fulfill its obligations to maintain the Software as provided in this Agreement.
c. Developer becomes insolvent or admits insolvency or a general inability to pay its debts as they become due.
d. Developer files a petition for protection under the U.S. Bankruptcy Code, or an involuntary petition is filed against it and is not dismissed within 60 days.
e. Developer comes under the control of a competitor of Customer.
CONTINGENT LICENSE. Regarding the source code in escrow pursuant to Section 18 or any SELLER source code in BUYER’s possession, SELLER hereby grants to BUYER a contingent license to receive and/or use the source code to support BUYER’s use of the application or any software components if any of the following circumstances occur:
a. If SELLER for any reason ceases to be in the software business,
b. If SELLER fails to fulfill its obligations to maintain the applications or software components as provided in this Exhibit C or the AGREEMENT,
c. If SELLER becomes insolvent or admits insolvency or a general inability to pay its debts as they become due,
d. If SELLER files a petition for protection under the U.S. Bankruptcy Code, or an involuntary petition is filed against it and is not dismissed within 60 Business Days, or
e. If SELLER sells, transfers or otherwise disposes all or substantially all of its assets used in any way to perform its obligations under the AGREEMENT. SELLER and BUYER will enter into an escrow agreement with the escrow agent that grants BUYER the contingent license rights set forth above.
CONTINGENT LICENSE. The parties intend that the assignment of rights in the Humongous IP set forth in Sections 1.1 and 1.2 above will be effective in transferring all of Seller's right, title and interest in the Humongous IP to Purchaser, including, but not limited to the scripts, storyboards, outlines, plot structures, speech recordings, images, characters, characterizations, drawings, designs, graphics, artworks, source code, object code and other characteristics embodied therein and any and all existing or in-development games, characters, objects, sound and music. However, to the extent, if any, that the assignment of rights in Sections 1.1 and 1.2 is not legally effective and, as a result, Seller retains any right, title or interest in any of the Humongous IP, Seller hereby grants Purchaser an irrevocable, paid-up, perpetual, royalty-free, exclusive, transferable, sublicensable, worldwide right and license to use, exploit, make, reproduce, distribute, broadcast, transmit, perform and display (publicly or otherwise), sell, offer for sale, market, advertise, and modify all or any portion of the Humongous IP for any purpose (the "CONTINGENT LICENSE"). Further, to the extent, if any, that the assignments and contingent licenses in this Agreement are not legally effective, Seller also hereby forever waives and agrees never to assert against Purchaser or any of its successors in interest any moral right or other right or interest it may retain in the Humongous IP.
CONTINGENT LICENSE. [PARTY A] hereby grants to [PARTY B] a contingent license to receive the source code from the escrow agent and to use the source code to support its use of the [DELIVERABLE] in machine-readable form if [PARTY A]
(i) whether directly or through a successor or affiliate, ceases to be in the software business,
(ii) fails to fulfill its obligations to maintain the [DELIVERABLE] as provided in this agreement,
(iii) becomes insolvent or admits insolvency or a general inability to pay its debts as they become due,
(iv) files a petition for protection under the Insolvency & Bankruptcy Code, 2016 or an involuntary petition is filed against it and is not dismissed within 60 Business Days, or
