Common use of Covenants Not to Sue Clause in Contracts

Covenants Not to Sue. (x) Summit hereby covenants never to sue xx threaten to sue XXXX or VISX's distributors, customers, or users and never to make any claim whatsoever against VISX or VISX's distributors, customers or users anywhere in the world, for any alleged infringement of any patent (whenever issued) which relates to a method or apparatus for laser ablation of corneal tissue, or for any alleged infringement of any patent owned by Summit as of the Effective Date and which relates to refractive correction of the eye, on the basis of the manufacture, use, offer to sell, sale, sublicense to customers or users, lease or other disposition of products that come within the claims of such patents; (b) VISX hereby covenants never to sue xx threaten to sue Xxxmit or Summit's distributors, customers, or users and never to make any claim whatsoever against Summit or Summit's distributors or customers, anywhere in the world, for any alleged infringement of any patent (whenever issued) which relates to a method or apparatus for laser ablation of corneal tissue, or for any alleged infringement of any patent owned by VISX as of the Effective Date and which relates to refractive correction of the eye, on the basis of the manufacture, use, offer to sell, sale, sublicense to customers or users, lease or other disposition of products that come within the claims of such patents.