Common use of Defensive Suspension Clause in Contracts

Defensive Suspension. If an Adopter (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 Content Product or Licensed Content Product, or Evaluation AACS Online Service or Licensed Production/Test Tool (or, if Content Provider is also an Adopter, an Evaluation Licensed Product, Licensed Product, Evaluation Licensed Component, Licensed Component, or Robust Inactive Product) based on a Necessary Claim of such Adopter, 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 2.4.1 with respect to such Adopter. If a have made manufacturer 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 manufacturer, 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 2.4.1 with respect to such have made manufacturer.

Appears in 2 contracts

Samples: Aacs Content Provider Agreement, Aacs Content Provider Agreement

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Defensive Suspension. If an Adopter (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 Content Product or Licensed Content Product, or Evaluation AACS Online Service or Licensed Production/Test Tool (or, if Content Provider Participant is also an Adopter, an Evaluation Licensed Product, Licensed Product, Evaluation Licensed Component, Licensed Component, or Robust Inactive Product) based on a Necessary Claim of such Adopter, 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 2.4.1 with respect to such Adopter. If a have made manufacturer 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 manufacturer, 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 2.4.1 with respect to such have made manufacturer.

Appears in 2 contracts

Samples: Content Participant Agreement, Participant Agreement

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