Common use of Defensive Suspension Clause in Contracts

Defensive Suspension. If Adopter or any of its Affiliates (whether identified pursuant to Section 11.11 or not) (i) initiates or becomes an adverse party to a legal action against a Licensor (or its Affiliate(s)) for patent infringement involving an Evaluation Licensed Component, Evaluation Licensed Product, Licensed Component, Robust Inactive Product or Licensed Product or Evaluation Managed Copy Service or Managed Copy Service based on a Necessary Claim or a Relatively Necessary Claim of such Adopter or its Affiliate or (ii) breaches Section 2.6.5, such Licensor alone or with some or all of its Affiliates, at Licensor’s option, may suspend its or their licenses under this Section 2.2 with respect to Adopter and its Affiliates, provided that if such cause of action relates to a Relatively Necessary Claim, such Licensor and its Affiliates must first indicate in writing their willingness to license their Relatively Necessary Claims to Adopter and its Affiliates under reasonable and non-discriminatory license terms for any Licensed Components or Licensed Products or Robust Inactive Products distributed by such Adopter or its Affiliates at or prior to the time of the legal action.

Defensive Suspension. If Adopter Content Provider or any of its Affiliates (whether identified pursuant to Section 11.11 or not) Affiliate (i) initiates or becomes an adverse party to a legal action against a Licensor (or its Affiliate(s)) for patent infringement involving an Evaluation Licensed ComponentContent Product, a Licensed Content Product, Evaluation Licensed Product, Licensed Product, Evaluation Licensed Component, Licensed Component, Robust Inactive Product or Licensed Product or Product, Evaluation Managed Copy Service or Managed Copy Service Service, based on a Necessary Claim or a Relatively Necessary Claim of such Adopter Content Provider or its Affiliate Affiliate, or (ii) breaches Section 2.6.52.4 of this Interim Agreement, such Licensor alone or with some or all of its Affiliates, at Licensor’s option, may suspend its or their licenses and covenants under this Section 2.2 2.3.1.1 with respect to Adopter Content Provider and its Affiliates, provided that if such cause of action relates to a Relatively Necessary Claim, such Licensor and its Affiliates must first indicate in writing their willingness to license their Relatively Necessary Claims to Adopter Content Provider and its Affiliates under reasonable and non-discriminatory license terms for any Licensed Components or Licensed Products or Robust Inactive Content Products distributed by such Adopter Content Provider or its Affiliates at or prior to the time of the legal action.