Common use of Defensive Suspension Clause in Contracts

Defensive Suspension. If Executing Entity or its 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 Product, Licensed Product, Evaluation Licensed Component, Licensed Component, Licensed Production/Test Tools, Robust Inactive Product, Evaluation AACS Online Service or AACS Online Service, based on a Necessary Claim or a Relatively Necessary Claim of Executing Entity or its Affiliate; or (ii) breaches Section 2.4.6, then such Licensor alone or with some or all of its Affiliates, at Licensor’s option, may suspend its or their license and covenant under this Section 2.3.1 with respect to Executing Entity 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 Executing Entity and its Affiliates under reasonable and non-discriminatory license terms for any Evaluation Licensed Content Product, Licensed Content Product, Evaluation AACS Online Service or Licensed Production/Test Tool made, have made, used offered for sale, sold or imported by Executing Entity or its Affiliates in a manner consistent with this Agreement at or prior to the time of the legal action. For review only - Not for execution

Defensive Suspension. If Executing Entity or any of its Affiliate: Affiliates (whether identified on an election 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, Licensed Product, Evaluation Licensed Component, Licensed Component, Licensed Production/Test Tools, Robust Inactive ProductTool, Evaluation AACS Online Service Service, or AACS Online Service, Service based on a Necessary Claim or a Relatively Necessary Claim of Executing Entity or its Affiliate; Affiliate or (ii) breaches Section 2.4.62.6.5, then such Licensor alone or with some or all of its Affiliates, at Licensor’s option, may suspend its or their license and covenant licenses under this Section 2.3.1 2.2 with respect to Executing Entity 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 Executing Entity and its Affiliates under reasonable and non-discriminatory license terms for any Evaluation Licensed Content ProductComponent, Evaluation Licensed Content Product, Evaluation AACS Online Service Service, Licensed Component, Robust Inactive Product, Licensed Product, or Licensed Production/Test Tool Tool, made, have made, used used, offered for sale, sold or imported by such Executing Entity or its Affiliates in a manner consistent with this Agreement at or prior to the time of the legal action. For review only - Not for execution-

Defensive Suspension. If Executing Entity or any of its Affiliate: Affiliates (whether identified on an election 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, Licensed Product, Evaluation Licensed Component, Licensed Component, Licensed Production/Test Tools, Robust Inactive ProductTool, Evaluation AACS Online Service Service, or AACS Online Service, Service based on a Necessary Claim or a Relatively Necessary Claim of Executing Entity or its Affiliate; Affiliate or (ii) breaches Section 2.4.62.6.5, then such Licensor alone or with some or all of its Affiliates, at Licensor’s option, may suspend its or their license and covenant licenses under this Section 2.3.1 2.2 with respect to Executing Entity 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 Executing Entity and its Affiliates under reasonable and non-discriminatory license terms for any Evaluation Licensed Content ProductComponent, Evaluation Licensed Content Product, Evaluation AACS Online Service Service, Licensed Component, Robust Inactive Product, Licensed Product, or Licensed Production/Test Tool Tool, made, have made, used used, offered for sale, sold or imported by such Executing Entity or its Affiliates in a manner consistent with this Agreement at or prior to the time of the legal action. For review only - Not for execution

Defensive Suspension. If Executing Entity or any of its Affiliate: Affiliates (whether identified on an election 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, Licensed Product, Evaluation Licensed Component, Licensed Component, Licensed Production/Test Tools, Robust Inactive ProductTool, Evaluation AACS Online Service Service, or AACS Online Service, Service based on a Necessary Claim or a Relatively Necessary Claim of Executing Entity or its Affiliate; Affiliate or (ii) breaches Section 2.4.62.6.5, then such Licensor alone or with some or all of its Affiliates, at Licensor’s option, may suspend its or their license and covenant licenses under this Section 2.3.1 2.2 with respect to Executing Entity 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 Executing Entity and its Affiliates under reasonable and non-discriminatory license terms for any Evaluation Licensed Content ProductComponent, Evaluation Licensed Content Product, Evaluation AACS Online Service Service, Licensed Component, Robust Inactive Product, Licensed Product, or Licensed Production/Test Tool Tool, made, have made, used used, offered for sale, sold or imported by such Executing Entity or its Affiliates in a manner consistent with this Agreement at or prior to the time of the legal action. For review only - Not for execution.