Common use of Excluded Glass Products Claims Clause in Contracts

Excluded Glass Products Claims. 3.3.1 Neither Party will Xxx the other Party or its Subsidiaries, or any of its or their respective Covered Entities, for direct or indirect infringement (including for inducement of infringement or contributory infringement) based on such Party’s or its Subsidiaries’, or any of their respective Covered Entities’ use, importation, offer for sale, sale, lease, and other distribution or conveyance of Licensed Products of the other Party or any Optical Components (but, if ASML is such other Party, only as long as ASML has a sublicense from Zeiss SMT under Section 2.2 of the Nikon-Zeiss Patent Cross-License Agreement, unless Optical Components are ASML Licensed Products following a Licensed Product Expansion) sold as, installed in, or as replacement or upgrade components for, such Licensed Products, (i) at any time under any Excluded Claims described in Section 1.2.15(c) that would have constituted Class A Patents and Licensed Patents of such first Party but for the application of Section 1.2.15(c), regardless of when such Licensed Products or such Optical Components were first sold, leased, or otherwise distributed or conveyed by the other Party or its Subsidiaries, (ii) with respect to Licensed Products or such Optical Components that were first sold, leased, or otherwise distributed or conveyed by the other Party or its Subsidiaries prior to or during the License Term or the Transition Period, at any time under any Excluded Claims described in Section 1.2.15(c) that would have constituted Class B Patents and Licensed Patents of such first Party but for the application of Section 1.2.15(c), and (iii) with respect to Licensed Products or such Optical Components that were first sold, leased, or otherwise distributed or conveyed by the other Party or its Subsidiaries prior to or during the License Term or the Transition Period, at any time under any claims of Patents having an Effective Application Date after December 31, 2002 and issuing during the Transition Period that are Excluded Claims described in Section 1.2.15(c) and that would have constituted Licensed Patents of such Party but for the application of Section 1.2.15(c) had such Patents issued during the License Term (the claims described in *** - indicates material omitted pursuant to a confidential treatment request and filed separately with the Securities and Exchange Commission.

Excluded Glass Products Claims. 3.3.1 Neither Party will Xxx the other Party or its Subsidiaries, or any of its or their respective Covered Entities, for direct or indirect infringement (including for inducement of infringement or contributory infringement) based on such Party’s 's or its Subsidiaries’', or any of their respective Covered Entities’ ' use, importation, offer for sale, sale, lease, and other distribution or conveyance of Licensed Products of the other Party or any Optical Components (but, if ASML is such other Party, only as long as ASML has a sublicense from Zeiss SMT under Section 2.2 of the Nikon-Zeiss Patent Cross-License Agreement, unless Optical Components are ASML Licensed Products following a Licensed Product Expansion) sold as, installed in, or as replacement or upgrade components for, such Licensed Products, (i) at any time under any Excluded Claims described in Section 1.2.15(c) that would have constituted Class A Patents and Licensed Patents of such first Party but for the application of Section 1.2.15(c), regardless of when such Licensed Products or such Optical Components were first sold, leased, or otherwise distributed or conveyed by the other Party or its Subsidiaries, (ii) with respect to Licensed Products or such Optical Components that were first sold, leased, or otherwise distributed or conveyed by the other Party or its Subsidiaries prior to or during the License Term or the Transition Period, at any time under any Excluded Claims described in Section 1.2.15(c) that would have constituted Class B Patents and Licensed Patents of such first Party but for the application of Section 1.2.15(c), and (iii) with respect to Licensed Products or such Optical Components that were first sold, leased, or otherwise distributed or conveyed by the other Party or its Subsidiaries prior to or during the License Term or the Transition Period, at any time under any claims of Patents having an Effective Application Date after December 31, 2002 and issuing during the Transition Period that are Excluded Claims described in Section 1.2.15(c) and that would have constituted Licensed Patents of such Party but for the application of Section 1.2.15(c) had such Patents issued during the License Term (the claims described in *** - indicates material omitted pursuant (ii) and (iii) of the foregoing being "TRANSITION PERIOD CLAIMS"). For the avoidance of doubt, the foregoing sentence shall not apply to a confidential treatment request and filed separately with Glass Suppliers of the Securities and Exchange Commissionother Party or its Subsidiaries.

Excluded Glass Products Claims. 3.3.1 3.4.1 Neither Party will Xxx the other Party or its Subsidiaries, or any of its or their respective Covered Entities, for direct or indirect infringement (including for inducement of infringement or contributory infringement) based on such Party’s 's or its Subsidiaries’', or any of their respective Covered Entities’ ' use, importation, offer for sale, sale, lease, and other distribution or conveyance of Licensed Products of the other Party or any Optical Components (but, if ASML is such other Party, only as long as ASML has a sublicense from Zeiss SMT under Section 2.2 of the Nikon-Zeiss Patent Cross-License Agreement, unless Optical Components are ASML Licensed Products following a Licensed Product Expansion) sold as, installed in, or as replacement or upgrade components for, such Licensed Products, (i) at any time under any Excluded Claims described in Section 1.2.15(c1.2.17(c) that would have constituted Class A Patents and Licensed Patents of such first Party but for the application of Section 1.2.15(c1.2.17(c), regardless of when such Licensed Products or such Optical Components were first sold, leased, or otherwise distributed or conveyed by the other Party or its Subsidiaries, (ii) with respect to Licensed Products or such Optical Components that were first sold, leased, or otherwise distributed or conveyed by the other Party or its Subsidiaries prior to or during the License Term or the Transition Period, at any time under any Excluded Claims described in Section 1.2.15(c1.2.17(c) that would have constituted Class B Patents and Licensed Patents of such first Party but for the application of Section 1.2.15(c1.2.17(c), and (iii) with respect to Licensed Products or such Optical Components that were first sold, leased, or otherwise distributed or conveyed by the other Party or its Subsidiaries prior to or during the License Term or the Transition Period, at any time under any claims of Patents having an Effective Application Date after December 31, 2002 and issuing during the Transition Period that are Excluded Claims described in Section 1.2.15(c1.2.17(c) and that would have constituted Licensed Patents of such Party but for the application of Section 1.2.15(c1.2.17(c) had such Patents issued during the License Term (the claims described in *** - indicates material omitted pursuant (ii) and (iii) of the foregoing being "TRANSITION PERIOD CLAIMS"). For the avoidance of doubt, the foregoing sentence shall not apply to a confidential treatment request and filed separately with Glass Suppliers of the Securities and Exchange Commissionother Party or its Subsidiaries.