Common use of Defensive Rights Clause in Contracts

Defensive Rights. Notwithstanding anything to the contrary in this Agreement, the covenant described in Section 4.2.1 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 ASML or any of its Grantor Entities against such Covered Entity or its Affiliates) against any ASML Grantor Entity for Patent Infringement with respect to Lithography Equipment, Lithography Components (other than, in each case, FPD/Large Area Substrate Lithography Equipment) or any activities relating thereto (including the manufacture, use, Sale, offer for Sale, import, or export of Lithography Equipment or Lithography Components (other than, in each case, FPD/Large Area Substrate Lithography Equipment) or any other activities with respect thereto described in 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, 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 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 an ASML Grantor Entity against such Covered Entity prior to any such withdrawal shall constitute a breach of Section 4.2.1 by the ASML Grantor Entity as long as the 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 4.2.1 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 ASML Nikon or any of its Grantor Entities against such Covered Entity or its Affiliates) against any ASML Nikon Grantor Entity for Patent Infringement with respect to Lithography Equipment, Equipment or Lithography Components (other than, in each case, FPD/Large Area Substrate EUV Lithography Equipment) ), or Digital Cameras, or any activities relating thereto to any of the foregoing (including the manufacture, use, Sale, offer for Sale, import, or export of Lithography Equipment or Lithography Components (other than, in each case, FPD/Large Area Substrate EUV Lithography Equipment) ), or Digital Cameras, and any other activities with respect thereto described in Sections 3.1 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, ASML 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 ASML 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 an ASML a Nikon Grantor Entity against such Covered Entity prior to any such withdrawal shall constitute a breach of Section 4.2.1 4.3.1 by the ASML Nikon Grantor Entity as long as the ASML 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 4.2.1 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 ASML Nikon or any of its Grantor Entities against such Covered Entity or its Affiliates) against any ASML Nikon Grantor Entity for Patent Infringement with respect to Lithography Equipment, Equipment or Lithography Components (other than, in each case, FPD/Large Area Substrate EUV Lithography Equipment) or any activities relating thereto (including the manufacture, use, Sale, offer for Sale, import, or export of Lithography Equipment or Lithography Components (other than, in each case, FPD/Large Area Substrate EUV Lithography Equipment) or any other activities with respect thereto described in Sections 3.1 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, ASML 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 ASML 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 an ASML a Nikon Grantor Entity against such Covered Entity prior to any such withdrawal shall constitute a breach of Section 4.2.1 4.1.1 by the ASML Nikon Grantor Entity as long as the ASML 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 4.2.1 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 ASML Zeiss or any of its Grantor Entities against such Covered Entity or its Affiliates) against any ASML Zeiss Grantor Entity for Patent Infringement with respect to Lithography Equipment, Zeiss Lithography Components (other than, than Components that are solely for use 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 Lithography Equipment or Zeiss Lithography Components (other than, than Components that are solely for use in each case, FPD/Large Area Substrate Lithography Equipment) or Zeiss Digital Cameras, or any other activities with respect thereto described in Sections 3.1 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, ASML 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 ASML 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 an ASML a Zeiss Grantor Entity against such Covered Entity prior to any such withdrawal shall constitute a breach of Section 4.2.1 4.2.3 by the ASML Zeiss Grantor Entity as long as the ASML 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.