Draft Specification Review. (a) No less than thirty (30) days prior to a vote of the FDX Board of Directors (the “Notice and Review Period”) to approve a Draft Specification as a Final Specification (“Draft Final Specification”), FDX shall provide each Member with a copy of the Draft Final Specification for review. Within thirty (30) days of its receipt of the Draft Final Specification, a Member may, in the Member’s sole discretion, provide to FDX a notice of objection to the Draft Final Specification under review on the ground that the Member will not license its Necessary Claims under Section 4(a) (“Notice of Objection”). The Notice of Objection shall include a list of any Necessary Claims that the Member believes in good faith it may own or control, and that it is unwilling to license under Section 4(a). The Notice of Objection shall also identify, in the Member’s good faith belief, the portion of the Draft Final Specification that, if implemented, may infringe such Necessary Claims. If a Member resigns from FDX within the thirty (30) day period after receipt of a Draft Final Specification, and does not provide a Notice of Objection under this Section 5(a), the Member’s licensing obligations under Section 4(a) of this Agreement shall survive with respect to any Final Specification that is approved based on the Draft Final Specification at issue.
Appears in 5 contracts
Samples: Membership Agreement, Membership Agreement, FDX Non Member Attendance Agreement
