Common use of Defensive Suspension Clause in Contracts

Defensive Suspension. If a Fellow Content Provider or Content Participant (for the avoidance of doubt, including any Affiliate included therein) initiates or becomes an adverse party to a legal action against Executing Entity or its Affiliate(s) for patent infringement involving an Evaluation Licensed Component, Evaluation Licensed Product, Licensed Component, Robust Inactive Product, Evaluation AACS Online Service, Licensed Production/Test Tools or Licensed Product based on a Necessary Claim of such Fellow Content Provider or Content Participant, Executing Entity alone or with some or all of its Affiliates, at Executing Entity’s option, may suspend its or their covenant not to assert under Section 2.4.3 with respect to such Fellow Content Provider or Content Participant, as applicable. If a have made party directly or indirectly initiates or becomes party to a legal action against Executing Entity or its Affiliate for patent infringement involving a Necessary Claim of such entity, Executing Entity alone or with some or all of its Affiliates, at Executing Entity’s option, may suspend its or their covenant not to assert under Section 2.4.3 with respect to such have made party.

Defensive Suspension. If a Fellow Content Provider Participant or Content Participant Provider (for the avoidance of doubt, including any Affiliate included therein) initiates or becomes an adverse party to a legal action against Executing Entity or its Affiliate(s) for patent infringement involving an Evaluation Licensed Component, Evaluation Licensed Product, Licensed Component, Robust Inactive Product, Evaluation AACS Online Service, Licensed Production/Test Tools or Licensed Product based on a Necessary Claim of such Fellow Content Provider Participant or Content ParticipantProvider, Executing Entity alone or with some or all of its Affiliates, at Executing Entity’s option, may suspend its or their covenant not to assert under Section 2.4.3 with respect to such Fellow Content Provider Participant or Content ParticipantProvider, as applicable. If a have made party directly or indirectly initiates or becomes party to a legal action against Executing Entity or its Affiliate for patent infringement involving a Necessary Claim of such entity, Executing Entity alone or with some or all of its Affiliates, at Executing Entity’s option, may suspend its or their covenant not to assert under Section 2.4.3 with respect to such have made party.

Defensive Suspension. If a Fellow Content Provider an Adopter or Content Participant (for the avoidance any of doubt, including any Affiliate included therein) its Affiliates initiates or becomes an adverse party to a legal action against Executing Entity Content Participant (or its Affiliate(s)) for patent infringement involving an Evaluation Licensed ComponentContent Product or Licensed Content Product, or Evaluation Managed Copy Service or Managed Copy Service (or, if Content Participant is also an Adopter, an Evaluation Licensed Product, Licensed Product, Evaluation Licensed Component, Licensed Component, or Robust Inactive Product, Evaluation AACS Online Service, Licensed Production/Test Tools or Licensed Product ) based on a Necessary Claim of such Fellow Adopter or its Affiliate, Content Provider or Content Participant, Executing Entity Participant alone or with some or all of its Affiliates, at Executing EntityContent Participant’s option, may suspend its or their covenants of non-assertion under Section 2.4.1 with respect to such Adopter and its Affiliates. If a have made manufacturer directly or indirectly initiates or becomes party to a legal action against Content Participant or its Affiliate for patent infringement involving a Necessary Claim of such manufacturer, Content Participant alone or with some or all of its Affiliates, at Content Participant’s option, may suspend its or their covenant not to assert under Section 2.4.3 with respect to such Fellow Content Provider or Content Participant, as applicable. If a have made party directly or indirectly initiates or becomes party to a legal action against Executing Entity or its Affiliate for patent infringement involving a Necessary Claim of such entity, Executing Entity alone or with some or all of its Affiliates, at Executing Entity’s option, may suspend its or their covenant not to assert under Section 2.4.3 2.4.1 with respect to such have made partymanufacturer.