Covenants Not to Sxx. (a) Ellins covenants, except to the extent prohibited by law, not to commence, maintain, prosecute or participate in any action, charge, complaint or proceeding of any kind (on their own behalf and/or on behalf of any other person or entity and/or on behalf of or as a member of any alleged class of persons) in any court, or before any administrative or investigative body or agency (whether public, quasi-public or private), except if otherwise required by law, against Releasees with respect to any act, omission, transaction or occurrence up to and including the date on which this Agreement is executed.
(b) The Company covenants, except to the extent prohibited by law, not to commence, maintain, prosecute or participate in any action, charge, complaint or proceeding of any kind (on their own behalf and/or on behalf of any other person or entity and/or on behalf of or as a member of any alleged class of persons) in any court, or before any administrative or investigative body or agency (whether public, quasi-public or private), except if otherwise required by law, against Ellins with respect to any act, omission, transaction or occurrence up to and including the date on which this Agreement is executed.
Covenants Not to Sxx. Effective upon the delivery of the Settlement Amount by the Company to Lender in accordance with this Agreement, the Lender agrees that it shall not file suit or initiate legal proceedings against any person for events occurring prior to the date of this Agreement for the collection of the Indebtedness or any claim for relief arising under the Indebtedness Documents or the obligation evidenced thereby.
Covenants Not to Sxx. From and after the date of this Agreement, the Company covenants not to institute, either on its own behalf or on behalf of any other person or entity, any action or suit at law or in equity, nor to institute, to prosecute or in any way to aid in the institution or prosecution of any claim, demand, action, or cause of action for damages, costs, expenses, or compensation for or on account of any damage, loss or injury either to person or property, or both, whether developed or undeveloped, resulting or to result, known or unknown, past, present or future, against the Executive Released Parties arising out of the Released Subject Matters. From and after the date of this Agreement, Executive covenants not to institute, either in his individual capacity or on behalf of any other person or entity, any action or suit at law or in equity, nor to institute, to prosecute or in any way to aid in the institution or prosecution of any claim, demand, action, or cause of action for damages, costs, expenses, or compensation for or on account of any damage, loss or injury either to person or property, or both, whether developed or undeveloped, resulting or to result, known or unknown, past, present or future, against the Company Released Parties arising out of the Released Subject Matters.”
Covenants Not to Sxx. (a) The Parties hereby covenant and agree not to commence against each other any action or proceeding of any nature whatsoever with respect to any of the claims hereby released. The Parties hereby further covenant and agree not to join in or to participate in any action or proceeding based upon, arising out of or relating to the claims hereby released, unless such participation is compelled by order of a court of competent jurisdiction.
(b) The Parties hereby covenant and agree not to take any acts inconsistent with the intent and purposes of the releases provided by this Agreement.
Covenants Not to Sxx. (a) Nortel, on behalf of itself and its Affiliates, owners, predecessors, successors in interest, assigns, agents, directors, officers, employees, representatives, attorneys, and all persons acting by, through, under, or in concert with any of them, hereby covenants and agrees not to (and not to assist any other person to) maintain or initiate any claim, suit, challenge, reexamination or other proceedings against Foundry, its current Affiliates, predecessors and successors in interest, agents, directors, officers, employees, distributors and all licensees and customers, direct and indirect, in which the basis of the proceedings is related to any of the claims made by either Party in the Massachusetts Action or the California Action provided however, this covenant shall not apply with respect to any future claim, or any defense thereto (including defenses and declaratory judgment claims as asserted in the Actions), for any future infringement damages that may be incurred as the result of conduct occurring after the expiration or termination of the License Agreement.
(b) Nortel, on behalf of itself and its Affiliates, owners, predecessors, successors in interest, assigns, agents, directors, officers, employees, representatives, attorneys, and all persons acting by, through, under, or in concert with any of them, hereby covenants and agrees not to (and not to assist any other person to) maintain or initiate any claim, suit, challenge, reexamination or other proceedings against the Individual Defendants in which the basis of the proceedings is related to any of the claims made by either Party in the Massachusetts Action or the California Action, provided however, this covenant shall not apply with respect to any future claim, or any defense thereto, for any future infringement damages that may be incurred as the result of conduct occurring after the expiration or termination of the License Agreement.
(c) Each of the Individual Defendants, on behalf of himself and his, predecessors, successors in interest, assigns, agents, representatives, attorneys, and all persons acting by, through, under, or in concert with any of them, hereby covenants and agrees not to (and not to assist any other person to) maintain or initiate any claim, suit, challenge, reexamination or other proceedings against Nortel, its current Affiliates, predecessors and successors in interest, agents, directors, officers, employees, distributors and all licensees and customers, direct and indire...
Covenants Not to Sxx. Individual agrees and covenants not to sxx or prosecute any claim that might now or ever be asserted arising out of or pertaining to Individual’s employment with the Company and any of its predecessors or affiliates.
Covenants Not to Sxx. (a) Except for the Unreleased Rapparport Claims, the Rapparport Releasors also agree not to initiate a lawsuit or proceeding or bring a claim against any of the iGo Releasees, in any court, or otherwise, relating or pertaining to any matter which is subject to the release set forth in Section 2(a) above, including, but not limited to, any claim under any common law, whether in law or equity, or federal, state or local statute, ordinance or rule of law.
(b) Except for the Unreleased iGo Claims, the iGo Releasors also agree not to initiate a lawsuit or proceeding or bring a claim against any of the Rapparport Releasees, in any court, or otherwise, relating or pertaining to any matters which is subject to the release set forth in Section 2(b) above, including, but not limited to, any claim under any common law, whether in law or equity, or federal, state or local statute, ordinance or rule of law.
Covenants Not to Sxx. (a) Besins hereby covenants, on behalf of itself and its Affiliates, successors and assigns, not to sxx or otherwise bring a claim against Atossa or its Affiliates or Atossa Third Party Resellers, during the Term, asserting that their conduct of the following activities infringes any Regulatory Information and/or Intellectual Property that is Controlled by Besins and not licensed to Atossa pursuant to this Agreement: (i) making, having made, manufacturing, having manufactured, using, selling, having sold, offering to sell, having offered to sell, importing, having imported, exporting, have exported, or otherwise transferring, disposing of, distributing, or Developing Afimoxifene Gel for the sole purposes of obtaining Regulatory Approval and Commercialization of Afimoxifene Gel for any Indication in the Field and practicing in the Field in the Territory any method using Afimoxifene Gel claimed by intellectual property that is Controlled by Besins and not licensed to Atossa pursuant to this Agreement. In addition to Atossa and its Affiliates, the covenant set forth in this Section 2.3(a) shall extend to (1) Third Parties, including Sublicensees and Atossa Suppliers, to whom Atossa has granted sublicenses to the rights obtained by Atossa under Section 2 of this Agreement, or who purchase or otherwise receive Afimoxifene Gel for use in the Field from Atossa consistent with the terms of this Agreement; (2) other of Atossa’s Sublicensees of the rights obtained by Atossa under Section 2 of this Agreement, including Atossa Third Party Resellers and customers who receive Afimoxifene Gel for use in the Field in the Territory consistent with the terms of this Agreement; and (3) any successors and assigns of Atossa or Affiliates thereof.
Covenants Not to Sxx. With the exception of the duties and obligations that are set forth herein, or imposed by any statute, code, rule, court order, compulsory process or law, the parties agree and covenant not to sxx, prosecute or assist, directly or indirectly, in suing or prosecuting any claims or seeking recovery of any damages against any other party for any claims that are released in this Agreement. Altron and Viseon each acknowledge and agree that pursuant to the terms of this Agreement, any and all claims that either Party could have made against the other Party have been in all things satisfied and resolved.
Covenants Not to Sxx. (a) MIPS and its Affiliates covenant not to Assert any Claim against (i) Broadcom or any of its Affiliates, for infringement of any Licensed Patent (whether direct, contributory or by inducement, and whether or not willful) resulting from the use, manufacture, Sale, offer to Sell or import of any Broadcom Licensed Product, regardless of whether such Claim arose before or after the Effective Date, but only to the extent such use, manufacture, Sale or import of the applicable Broadcom Licensed Product, would, if it occurred after the Effective Date, be within the scope of the license set forth in Section 3.1.
(b) MIPS and its Affiliates covenant not to Assert any Claim against (i) any Broadcom Supplier for infringement of any Licensed Patent (whether direct, contributory, by inducement, and whether or not willful) resulting from the manufacture or supply of any Broadcom Licensed Product to or on behalf of Broadcom or any of its Affiliates, regardless of whether such Claim arose before or after the Effective Date, but only to the extent such manufacture or supply of the applicable Broadcom Licensed Product, would, if it occurred after the Effective Date, be within the scope of the license set forth in Section 3.1 and (ii) any Broadcom Customer for infringement of any Licensed Patent (whether direct, contributory, by inducement, and whether or not willful) resulting from the use, Sale, offer to Sell or import of any Broadcom Licensed Product Sold by or for Broadcom or any of its Affiliates, regardless of whether such Claim arose before or after the Effective Date, but only to the extent such use, Sale, offer to Sell or import of the applicable Broadcom Licensed Product, would, if it occurred after the Effective Date, be within the scope of the license set forth in Section 3.1. The covenant not to sxx in this Section 3.3(b) shall apply only with respect to Broadcom Licensed Products and shall not apply to i) any products or services of any Third Party or ii) any Combination that is outside the scope of Section 3.1(d). If a [*] MIPS or any of its Affiliates for a Patent [*] by such [*] Certain portions denoted with an asterisk have been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. [*] (prior to [*] by MIPS or its Affiliates [*]), then the [*] of [*] under this Section 3.3(b) will be [*] while such Assertion remains pending; provided, however, that the for...
