Common use of Defensive Rights Clause in Contracts

Defensive Rights. Notwithstanding anything to the contrary in this Agreement, the covenant described in Section 4.2.3 is expressly conditioned upon the applicable Covered Entity not initiating an offensive litigation (i.e., a litigation that is not in response to any offensive Patent Infringement litigation initiated by Zeiss or its Grantor Entities against such Covered Entity or its Affiliates) against any Zeiss Grantor Entity for Patent Infringement with respect to Zeiss Lithography Components (other than Components that are solely for use in FPD/Large Area Substrate Equipment) or Zeiss Digital Cameras or any activities relating thereto (including the manufacture, use, Sale, offer for Sale, import, or export of Zeiss Lithography Components (other than Components that are solely for use in FPD/Large Area Substrate Equipment) or Zeiss Digital Cameras, or any other activities with respect thereto described in Section 3.3 hereof), and upon any such litigation such covenant shall retroactively be null and void and of no effect with respect to such Covered Entity, and subject to any limitations or constraints imposed by patent exhaustion and like principles, which are in no way limited by this Section, Zeiss Grantor Entities shall be entitled to seek any remedies against such Covered Entity available under applicable Law, including with respect to past activities, but only if Zeiss has notified Nikon of the existence of such litigation and the Covered Entity has not taken all actions required on its part to withdraw such litigation completely within two (2) months after such notification. No litigation by a Zeiss Grantor Entity against such Covered Entity prior to any such withdrawal shall constitute a breach of Section 4.2.3 by the Zeiss Grantor Entity as long as the Zeiss Grantor Entity takes all actions required on its part to withdraw such litigation completely within one (1) month after the Covered Entity has taken all actions required on its part to withdraw its litigation completely.

Defensive Rights. Notwithstanding anything to the contrary in this Agreement, the covenant described in Section 4.2.3 4.3.1 is expressly conditioned upon the applicable Covered Entity not initiating an offensive litigation (i.e., a litigation that is not in response to any offensive Patent Infringement litigation initiated by Zeiss Nikon or any of its Grantor Entities against such Covered Entity or its Affiliates) against any Zeiss Nikon Grantor Entity for Patent Infringement with respect to Zeiss Lithography Equipment or Lithography Components (other than Components that are solely for use than, in FPD/Large Area Substrate each case, EUV Lithography Equipment) ), or Zeiss Digital Cameras Cameras, or any activities relating thereto to any of the foregoing (including the manufacture, use, Sale, offer for Sale, import, or export of Zeiss Lithography Equipment or Lithography Components (other than Components that are solely for use than, in FPD/Large Area Substrate each case, EUV Lithography Equipment) ), or Zeiss Digital Cameras, or and any other activities with respect thereto described in Section 3.3 Sections 3.2 or 3.4 hereof), and upon any such litigation such covenant shall retroactively be null and void and of no effect with respect to such Covered Entity, and subject to any limitations or constraints imposed by patent exhaustion and like principles, which are in no way limited by this Section, Zeiss Nikon Grantor Entities shall be entitled to seek any remedies against such Covered Entity available under applicable Law, including with respect to past activities, but only if Zeiss Nikon has notified Nikon Zeiss of the existence of such litigation and the Covered Entity has not taken all actions required on its part to withdraw such litigation completely within two (2) months after such notification. No litigation by a Zeiss Nikon Grantor Entity against such Covered Entity prior to any such withdrawal shall constitute a breach of Section 4.2.3 4.3.1 by the Zeiss Nikon Grantor Entity as long as the Zeiss Nikon Grantor Entity takes all actions required on its part to withdraw such litigation completely within one (1) month after the Covered Entity has taken all actions required on its part to withdraw its litigation completely.

Defensive Rights. Notwithstanding anything to the contrary in this Agreement, the covenant described in Section 4.2.3 4.2.1 is expressly conditioned upon the applicable Covered Entity not initiating an offensive litigation (i.e., a litigation that is not in response to any offensive Patent Infringement litigation initiated by Zeiss ASML or any of its Grantor Entities against such Covered Entity or its Affiliates) against any Zeiss ASML Grantor Entity for Patent Infringement with respect to Zeiss Lithography Equipment, Lithography Components (other than Components that are solely for use than, in each case, FPD/Large Area Substrate Lithography Equipment) or Zeiss Digital Cameras or any activities relating thereto (including the manufacture, use, Sale, offer for Sale, import, or export of Zeiss Lithography Equipment or Lithography Components (other than Components that are solely for use than, in each case, FPD/Large Area Substrate Lithography Equipment) or Zeiss Digital Cameras, or any other activities with respect thereto described in Section 3.3 Sections 3.1 hereof), and upon any such litigation such covenant shall retroactively be null and void and of no effect with respect to such Covered Entity, and subject to any limitations or constraints imposed by patent exhaustion and like principles, which are in no way limited by this Section, Zeiss ASML Grantor Entities shall be entitled to seek any remedies against such Covered Entity available under applicable Law, including with respect to past activities, but only if Zeiss ASML has notified Nikon of the existence of such litigation and the Covered Entity has not taken all actions required on its part to withdraw such litigation completely within two (2) months after such notification. No litigation by a Zeiss an ASML Grantor Entity against such Covered Entity prior to any such withdrawal shall constitute a breach of Section 4.2.3 4.2.1 by the Zeiss ASML Grantor Entity as long as the Zeiss ASML Grantor Entity takes all actions required on its part to withdraw such litigation completely within one (1) month after the Covered Entity has taken all actions required on its part to withdraw its litigation completely.

Defensive Rights. Notwithstanding anything to the contrary in this Agreement, the covenant described in Section 4.2.3 4.1.1 is expressly conditioned upon the applicable Covered Entity not initiating an offensive litigation (i.e., a litigation that is not in response to any offensive Patent Infringement litigation initiated by Zeiss Nikon or its Grantor Entities against such Covered Entity or its Affiliates) against any Zeiss Nikon Grantor Entity for Patent Infringement with respect to Zeiss Lithography Equipment or Lithography Components (other than Components that are solely for use than, in FPD/Large Area Substrate each case, EUV Lithography Equipment) or Zeiss Digital Cameras or any activities relating thereto (including the manufacture, use, Sale, offer for Sale, import, or export of Zeiss Lithography Equipment or Lithography Components (other than Components that are solely for use than, in FPD/Large Area Substrate each case, EUV Lithography Equipment) or Zeiss Digital Cameras, or any other activities with respect thereto described in Section 3.3 Sections 3.2 or 3.4 hereof), and upon any such litigation such covenant shall retroactively be null and void and of no effect with respect to such Covered Entity, and subject to any limitations or constraints imposed by patent exhaustion and like principles, which are in no way limited by this Section, Zeiss Nikon Grantor Entities shall be entitled to seek any remedies against such Covered Entity available under applicable Law, including with respect to past activities, but only if Zeiss Nikon has notified Nikon ASML of the existence of such litigation and the Covered Entity has not taken all actions required on its part to withdraw such litigation completely within two (2) months after such notification. No litigation by a Zeiss Nikon Grantor Entity against such Covered Entity prior to any such withdrawal shall constitute a breach of Section 4.2.3 4.1.1 by the Zeiss Nikon Grantor Entity as long as the Zeiss Nikon Grantor Entity takes all actions required on its part to withdraw such litigation completely within one (1) month after the Covered Entity has taken all actions required on its part to withdraw its litigation completely.