Common use of Covenant Not To Xxx During Transition Period Clause in Contracts

Covenant Not To Xxx During Transition Period. Each Party covenants that, during the Transition Period, it shall not, and shall cause its Subsidiaries not to (such Party and its Subsidiaries being referred to as the “NON-ASSERTING PARTY”), Xxx the other Party or its Subsidiaries, or their respective third party suppliers making Licensed Products or Optical Components (but, in the case of ASML being such other Party, only as long as ASML has a sublicense from Zeiss SMT under the Nikon-Zeiss Patent Cross-License Agreement, unless Optical Components are ASML Licensed Products following a Licensed Product Expansion) for such Party as permitted under Sections 2.1 or 2.2, as applicable (as applicable, the “DEFENDANT PARTY”), for direct or indirect infringement (including for inducement of infringement or contributory infringement) of any (i) Class B Patents that were Licensed Patents of the Non-Asserting Party prior to the end of the License Term, (ii) Class C *** - indicates material omitted pursuant to a confidential treatment request and filed separately with the Securities and Exchange Commission. Patents Owned or Sublicensable by the Non-Asserting Party, or (iii), to the extent not precluded by contractual obligations that exist as of the Effective Date, Restricted Patents of the Non-Asserting Party, excluding, in each case, any Excluded Claims thereof and, in each case, based on (a) the Defendant Party’s activities that would be covered by the Defendant Party’s license under Sections 2.1 or 2.2, as applicable, or sublicense pursuant to and in accordance with the Nikon-Zeiss Patent Cross-License Agreement, if such Class B Patents, Class C Patents, or Restricted Patents were Licensed Patents (collectively “LITHOGRAPHY ACTIVITIES”), but solely with respect to Lithography Activities that occur during the Transition Period, or (b) activities of Covered Entities of the Defendant Party to the extent such activities are within the scope of the immunities granted by the Non-Asserting Party under this Agreement.

Covenant Not To Xxx During Transition Period. Each Party covenants that, during the Transition Period, it shall not, and shall cause its Subsidiaries not to (such Party and its Subsidiaries being referred to as the “"NON-ASSERTING PARTY”"), Xxx the other Party or its Subsidiaries, or their respective third party suppliers making Licensed Products or Optical Components (but, in the case of ASML being such other Party, only as long as ASML has a sublicense from Zeiss SMT under the Nikon-Zeiss Patent Cross-License Agreement, unless Optical Components are ASML Licensed Products following a Licensed Product Expansion) for such Party as permitted under Sections 2.1 or 2.2, as applicable (as applicable, the “"DEFENDANT PARTY”"), for direct or indirect infringement (including for inducement of infringement or contributory infringement) of any (i) Class B Patents that were Licensed Patents of the Non-Asserting Party prior to the end of the License Term, (ii) Class C *** - indicates material omitted pursuant to a confidential treatment request and filed separately with the Securities and Exchange Commission. Patents Owned or Sublicensable by the Non-Asserting Party, or (iii), to the extent not precluded by contractual obligations that exist as of the Effective Date, Restricted Patents of the Non-Asserting Party, excluding, in each case, any Excluded Claims thereof and, in each case, based on (a) the Defendant Party’s 's activities that would be covered by the Defendant Party’s 's license under Sections 2.1 or 2.2, as applicable, or sublicense pursuant to and in accordance with the Nikon-Zeiss Patent Cross-License Agreement, if such Class B Patents, Class C Patents, or Restricted Patents were Licensed Patents (collectively “"LITHOGRAPHY ACTIVITIES”"), but solely with respect to Lithography Activities that occur during the Transition Period, or (b) activities of Covered Entities of the Defendant Party to the extent such activities are within the scope of the immunities granted by the Non-Asserting Party under this Agreement.

Covenant Not To Xxx During Transition Period. Each Party covenants that, during the Transition Period, it shall not, and shall cause its Subsidiaries not to (such Party and its Subsidiaries being referred to as the “"NON-ASSERTING PARTY”"), Xxx the other Party or its Subsidiaries, or their respective third party suppliers making Licensed Products or Optical Components (but, in the case of ASML being such other Party, only as long as ASML has a sublicense from Zeiss SMT under the Nikon-Zeiss Patent Cross-License Agreement, unless Optical Components are ASML Licensed Products following a Licensed Product Expansion) for such Party as permitted under Sections 2.1 or 2.22.3, as applicable (as applicable, the “"DEFENDANT PARTY”"), for direct or indirect infringement (including for inducement of infringement or contributory infringement) of any (i) Class B Patents that were Licensed Patents of the Non-Asserting Party prior to the end of the License Term, (ii) Class C *** - indicates material omitted pursuant to a confidential treatment request and filed separately with the Securities and Exchange Commission. Patents Owned or Sublicensable by the Non-Asserting Party, or (iii), to the extent not precluded by contractual obligations that exist as of the Effective Date, Restricted Patents of the Non-Asserting Party, excluding, in each case, any Excluded Claims thereof and, in each case, based on (a) the Defendant Party’s 's activities that would be covered by the Defendant Party’s 's license under Sections 2.1 or 2.22.3, as applicable, or sublicense pursuant to and in accordance with the Nikon-Zeiss Patent Cross-License Agreement, if such Class B Patents, Class C Patents, or Restricted Patents were Licensed Patents (collectively “"LITHOGRAPHY ACTIVITIES”"), but solely with respect to Lithography Activities that occur during the Transition Period, or (b) activities of Covered Entities of the Defendant Party to the extent such activities are within the scope of the immunities granted by the Non-Asserting Party under this Agreement.