Exception to Assignment. I understand that the Assigned Inventions will not include, and the provisions of this Agreement requiring assignment of inventions to the Company do not apply to, any invention that qualifies fully for exclusion under the provisions of Section 2870 of the California Labor Code, which are attached hereto as Exhibit B.
Exception to Assignment. I understand that the any assigned Inventions may not include, and the provisions of this Agreement requiring assignment of Inventions to the Company may not apply to, any invention that qualifies fully for exclusion under the provisions of Section 2870 of the California Labor Code. I understand that Section 2870(a) provides: “Any provision in an employment agreement which provides that an employee shall assign, or offer to assign, any of his or her rights in an invention to his or her employer shall not apply to an invention that the employee developed entirely on his or her own time without using the employer’s equipment, supplies, facilities, or trade secret information except for those inventions that either:
(1) Relate at the time of conception or reduction to practice of the invention to the employer’s business, or actual or demonstrably anticipated research or development of the employer.
(2) Result from any work performed by the employee for the employer.”
Exception to Assignment. I understand that the provisions of this Agreement requiring assignment to the Company do not apply to any invention which is exempt from assignment under the provisions of Section 2870 of the California Labor Code. I will advise the Company promptly in writing of any inventions, original works of authorship, developments, improvements, or trade secrets that I believe are exempt from assignment to the Company based upon the application of Section 2870 of the California Labor Code, and I will at that time provide to the Company in writing all evidence necessary to substantiate that belief. I understand that the Company will keep in confidence and will not disclose to third parties without my consent any confidential information disclosed in writing to the Company relating to inventions that are exempt from assignment under the provisions of Section 2870 of the California Labor Code.
Exception to Assignment. I understand that the provisions of Paragraph 6 requiring assignment of Inventions to the Company do not apply to any invention which qualifies fully under the provisions of California Labor Code Section 2870. I will advise the Company promptly in writing of any inventions that I believe meet the criteria in Labor Code Section 2870, which provides:
(a) Any provision in an employment agreement which provides that an employee shall assign, or offer to assign, any of his or her rights in an invention to his or her employer shall not apply to an invention that the employee developed entirely on his or her own time without using the employer's equipment, supplies, facilities, or trade secret information except for those inventions that either:
(1) Relate at the time of conception or reduction to practice of the invention to the employer's business, or actual or demonstrably anticipated research or development of the employer; or
(2) Result from any work performed by the employee for the employer.
(b) To the extent a provision in an employment agreement purports to require an employee to assign an invention otherwise excluded from being required to be assigned under subdivision (a), the provision is against the public policy of this state and is unenforceable.
Exception to Assignment. I understand that the Assigned Inventions will not include, and the provisions of this Agreement requiring assignment of inventions to the Company do not apply to, any invention that qualifies fully for exclusion under applicable law or as otherwise set forth in Exhibit B.
Exception to Assignment. I understand that the Assigned Inventions will not include, and the provisions of this Agreement requiring assignment of inventions to the Company do not apply to, any invention for which no equipment, supplies, facility or trade secret information of the Company was used and which was developed entirely on my own time, and (i) which does not relate (A) directly to the business of the Company or (B) to the Company’s actual or demonstrably anticipated research or development, and (ii) which does not result from any work performed by me for the Company.
Exception to Assignment. If any such agreement is not assignable without the consent of a third party, Royal Philips shall use its reasonable endeavors to obtain the consent of the other party(ies) to such agreement for the assignment thereof to PSI Group. If Philips is unable to obtain such consent. Philips shall use it reasonable endeavors to provide PSI Group the benefit of the rights under such agreements (subject to the obligations there under) in another way or assist PSI Group in finding alternative solutions, all subject to PSI reimbursing Royal Philips for the additional costs (except internal costs) incurred by Philips Group in relation thereto.
Exception to Assignment. I understand that the provisions of this Agreement requiring assignment of Intellectual Property to the Red Cross do not apply to an invention which qualifies fully under the provisions of California Labor Code Section 2870 (a copy of which appears on the signature page at the end of this Agreement). I will advise Red Cross promptly in writing of any invention of mine that I believe meet such provisions.
Exception to Assignment. ASSIGNMENT REQUIRED UNDER PARAGRAPH 5.2, ABOVE, DOES NOT APPLY TO INVENTIONS THAT EMPLOYEE CAN DEMONSTRATE ARE DEVELOPED ENTIRELY ON EMPLOYEE’S OWN TIME AND WITHOUT USING COMPANY’S EQUIPMENT, SUPPLIES, FACILITIES OR TRADE SECRET INFORMATION SO LONG AS THE INVENTION (a) DOES NOT RELATE AT THE TIME OF CONCEPTION OR REDUCTION TO PRACTICE TO COMPANY’S BUSINESS, OR COMPANY’S ACTUAL OR DEMONSTRABLY ANTICIPATED RESEARCH OR DEVELOPMENT, AND (b) DOES NOT RESULT FROM ANY WORK PERFORMED BY EMPLOYEE FOR COMPANY. All other obligations contained in this agreement shall apply to such Inventions.
Exception to Assignment. This Assignment shall and does except from its operation the rights of Assignor now existing or hereafter arising pursuant to the Purchase Agreement or pursuant to that certain Rio Tinto Production Royalty Deed of even date herewith, which Rio Tinto Production Royalty Deed reserves to Assignor certain royalty rights with respect to the land within the Area of Interest and is recorded concurrently herewith.