Common use of Effect of Withdrawal Clause in Contracts

Effect of Withdrawal. Subject to Section 5 of this Agreement, if Member withdraws from or is terminated from Membership in FDX: (i) This Agreement shall continue in full force and effect for all remaining Members; (ii) With respect to such Member, Sections 2, 6, 7 and 8 of this Agreement shall continue in full force and effect; and (iii) With respect to Contributions from the withdrawing Member which are included in any Final Specification which is adopted after the effective date of withdrawal or termination, such Member shall be entitled to receive a license from all Members regarding all such Final Specifications under the terms of Section 3 and 4, but only if and when such Member agrees to and grants a license under the terms of Section 3 and 4 to all Adopters with respect to all such Final Specifications. (iv) Section 4 of this Agreement shall continue in full force and effect with respect to all Final Specifications adopted prior to the effective date of withdrawal or termination (the “Committed Specifications”). (v) This Section 7 is not intended to authorize, permit or allow the survival (or co-incident licensing) of any unmodified portion of a Committed Specification to be contained in any Final Specification approved after a Member’s termination unless (i) the unmodified portion of the Committed Specification is contained in a subsequent Final Specification that only extends or corrects the Committed Specification, or (ii) only if the withdrawing or terminated Member is granted and accepts a reciprocal license commensurate with and of the same scope as set forth in Section 4 with respect to such subsequent Final Specification incorporating the unmodified portion of the Committed Specification. (vi) All other rights, licenses, obligations, terms and conditions of this Agreement shall terminate with respect to such withdrawing or terminated Member, including those set forth in Section 4, except as set out in Section 3(b), 7(b)(ii), (iii), (iv) and (v).

Effect of Withdrawal. Subject to Section 5 of this Agreement, if Member withdraws from or is terminated from Membership in FDX: (i) This Agreement shall continue in full force and effect for all remaining Members;remaining (ii) With respect to such Member, Sections 2, 6, 7 and 8 of this Agreement shall continue in full force and effect; andshall (iii) With respect to Contributions from the withdrawing Member which are included in any Final Specification which is adopted after the effective date of withdrawal or termination, such Member shall be entitled to receive a license from all Members regarding all such Final Specifications under the terms of Section 3 and 4, but only if and when such Member agrees to and grants a license under the terms of Section 3 and 4 to all Adopters with respect to all such Final Specifications. (iv) Section 4 of this Agreement shall continue in full force and effect with respect to all Final Specifications adopted prior to the effective date of withdrawal or termination (the “Committed Specifications”). (v) This Section 7 is not intended to authorize, permit or allow the survival (or co-incident licensing) of any unmodified portion of a Committed Specification to be contained in any Final Specification approved after a Member’s termination unless unless (i) the unmodified portion of the Committed Specification is contained in a subsequent Final Specification that only extends or corrects the Committed Specification, or (ii) only if the withdrawing or terminated Member is granted and accepts a reciprocal license commensurate with and of the same scope as set forth in Section 4 with respect to such subsequent Final Specification incorporating the unmodified portion of the Committed Specification. (vi) All other rights, licenses, obligations, terms and conditions of this Agreement shall terminate with respect to such withdrawing or terminated Member, including those set forth in Section 4, except as set out in Section 3(b), 7(b)(ii), (iii), (iv) and (v).