Excluded Technology Clause Samples

Excluded Technology. Notwithstanding anything in this Agreement to the contrary, CAT grants no rights to Micromet under this Agreement (a) to research, develop, manufacture, use, or sell Licensed Products using the Excluded Technology set forth in items [***] of Schedule V, or (b) to Develop, manufacture, use, or sell any Licensed Product that is a Research Product or Microarray, as those terms are defined in Schedule V. CAT will notify Micromet promptly if: (a) CAT ceases to be bound by the Excluded Field restriction pursuant to its agreement with [***]dated[***]; or (b) CAT no longer needs to exclude Research Products from the license granted hereunder pursuant to its agreement with [***] dated [***](the “[***] License Agreement”), a copy of which has been provided to Micromet by CAT as of the Effective Date. *** Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions. CAT will promptly notify Micromet of any modification or amendment to the [***] License Agreement and deliver to Micromet a redacted copy of any such amended agreement. The restrictions set out in this Agreement relating to the Excluded Field or Research Products set forth above (as the case may be) will, subject to any other restrictions on CAT and to the provisions of this Agreement, cease to apply from the date of removal of such restriction pursuant to the terms of the foregoing agreements.

Excluded Technology. 5.1 For the avoidance of doubt, all Technology that is not clearly identified as one of Licensed Patents, Licensed Equipment Patents, Licensed Technology, Unrestricted Licensed Technology or Transferred Technology shall not be transferred pursuant to Article 3.0 nor shall it be licensed pursuant to Article 4.0, all rights in such Technology shall be retained by Alcanint and such Technology shall be deemed "EXCLUDED TECHNOLOGY" and any license or right granted hereunder shall be specifically limited such that no right, license or permission to use Excluded Technology is granted. Without limitation and notwithstanding anything else contained herein, "Excluded Technology" specifically includes: - all Technology owned or licensable or controlled by Pechiney except for the following Technology to the extent such Technology is otherwise agreed to be transferred or licensed hereunder: (i) the PAE Twin Roll Casting Technology; (ii) the PAE Metal Treatment Technology; and (iii) other Technology to the extent that it is being used or has been used under the existing or past practice at the former Pechiney Annecy, Rugles, Dudelange and Flemalle sites for the sole purpose of painting Sheet or the production of circles from Sheet or the production of Foil; - all Technology specific to the production of bright Sheet, reflector Sheet and capacitor Foil to the extent that the rights thereto originated with the 2000 acquisition by Alcan of Alusuisse Group AG together with any subsequent improvements thereto made at the Singen facility;

Excluded Technology. 12 6.0 TERMINATION OF PARTICIPATION IN JTA.................................... 14

Excluded Technology. IPC acknowledges that AKI has developed and is in the process of refining certain technology for head gimbal assembly and related to electrostatic discharge protection; and that IPC is obtaining no rights therein pursuant to this Agreement.

Excluded Technology. It is understood by the parties that the Seller's Technology being sold and transferred hereunder specifically excludes certain technology which is more specifically defined and described in the Schedule of Excluded Technology, Schedule C, attached hereto and made a part hereof (hereinafter collectively referred to as the "Excluded Technology").

Excluded Technology. If during the Term, a Party, as the Licensor for a particular Product, obtains Control of any intellectual property rights from a Third Party (other than as a result of a Change of Control of Licensor), which intellectual property rights are reasonably necessary or useful for the development, manufacture, use, importation and/or sale of such Product, then such Party shall notify the other Party (which is the Licensee of such Product) in writing, including a description of such intellectual property rights and any payments that such Party would be obligated to pay in connection with the grant, maintenance or exercise of a sublicense to the other Party under such intellectual property rights with respect to such Product. If within [***] after the receipt of such notice, the other Party, as the Licensee for such Product, agrees in writing to reimburse such Party for all such payments, then such intellectual property rights shall be included in Licensed Technology and sublicensed to such other Party under the terms and conditions of this Agreement. If the other Party does not agree in writing to reimburse such Party for all such payments within such [***], then such intellectual property rights shall be deemed “Excluded Technology” and shall be excluded from Licensed Technology. For clarity, this Section 3.6 shall not apply to any intellectual property of any Third Party (including such Third Party’s Affiliates) that becomes an Affiliate of such Party after the Effective Date as a result of a Change of Control of such Party, which intellectual property shall be excluded from Licensed Technology.

Excluded Technology. The technology specified in Exhibit B and all trade ------------------- names and trademarks of NTL and its Affiliates other than those specified in Exhibit A ("Excluded Technology"); -------------------

Excluded Technology. XOMA-US agrees (i) not to use Excluded Technology in connection with the performance of activities under a Development Plan or a Development and Commercialization Plan for either Licensed Product and (ii) not to develop either Licensed Product in such a manner that Excluded Technology is required, or that would require a license under Excluded Technology, to make, use or sell either Licensed Product, in either case, without the prior written consent of MLNM.

Excluded Technology. See attached list of issued patents and pending patent applications.