Excess Assertion By Nikon Sample Clauses

Excess Assertion By Nikon. If Nikon asserts against the Specified Entity and/or its Affiliates in a Nikon Defensive Suit an aggregate number of Excluded Nikon Patents greater than the aggregate number of issued Schedule D Patent Family Members asserted by the Specified Entity and/or its Affiliates against Nikon and/or its Subsidiaries in such action (an “EXCESS ASSERTION”), then, if Nikon and/or its Subsidiaries fail to take all actions required on their part to withdraw their claims completely under such number of Excluded Nikon Patents as is required to eliminate the Excess Assertion within thirty (30) days from such Excess Assertion, ASML may, at its sole discretion upon written notice to Nikon and Zeiss SMT, designate any of the Excluded Nikon Patents asserted in such Nikon Defensive Suit as Nikon Licensed Patents, up to a number of Excluded Nikon Patents as required to eliminate the Excess Assertion, and any Excluded Nikon Patents that are so designated shall be deemed ab initio to be Nikon Licensed Patents for all purposes of this Agreement, including for purposes of the immunities and other commitments granted or extended by Nikon and its Subsidiaries under Sections 2.9, 3, and 4. In no event shall ASML be entitled to initiate or effect a Full Rights Termination on account of any Excess Assertion.
Sample 1
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Related to Excess Assertion By Nikon

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  • Termination by Sellers This Agreement may be terminated at any time prior to the Closing Date by Sellers as follows:

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  • Termination by Licensor Licensor, at its option, may immediately terminate the Agreement, or any part of Patent Rights, or any part of Field, or any part of Territory, or the exclusive nature of the license grant, upon delivery of written notice to Licensee of Licensor’s decision to terminate, if any of the following occur:

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  • Succession by Xxxxxx, Etc Any corporation or other entity into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation or other entity resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee (including the administration of this Indenture), shall be the successor to the Trustee hereunder without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided that in the case of any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee such corporation or other entity shall be eligible under the provisions of Section 7.08. In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture, any of the Notes shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee or authenticating agent appointed by such predecessor trustee, and deliver such Notes so authenticated; and in case at that time any of the Notes shall not have been authenticated, any successor to the Trustee or an authenticating agent appointed by such successor trustee may authenticate such Notes either in the name of any predecessor trustee hereunder or in the name of the successor trustee; and in all such cases such certificates shall have the full force which it is anywhere in the Notes or in this Indenture provided that the certificate of the Trustee shall have; provided, however, that the right to adopt the certificate of authentication of any predecessor trustee or to authenticate Notes in the name of any predecessor trustee shall apply only to its successor or successors by merger, conversion or consolidation.

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