Exclusion Notice. The Assignment by Employee of Inventions under this Agreement does not apply to any Inventions which are owned or controlled by Employee prior to the commencement of employment of Employee by Employer (all of which are set forth on Exhibit "A" hereto). Additionally, Employee is not required to assign an idea or invention where the invention or idea meets all of the following criteria; namely if the invention or idea: (i) was created or conceived without the use of any of Employer's equipment, supplies, facilities, or trade secret information, and (ii) was developed entirely on Employee's own time, and (iii) does not relate to the business of Employer, and (iv) does not relate to Employer's actual or demonstrably anticipated research or development, and (v) does not result from any work performed by Employee for Employer.
Exclusion Notice. Party has identified on Exhibit “A” attached hereto all Inventions, applicable to the business of Company or relating in any way to Company’s business or demonstrably anticipated research and development or business, which were conceived, reduced to practice, created, derived, developed, or made by Party prior to Party’s employment with Company (collectively, the “Prior Inventions”), and Party hereby represents that such list is complete. The assignment by Party of Inventions under this Agreement does not apply to Prior Inventions made by Party. If there is no such list on Exhibit “A”, Party represents that Party has neither conceived, reduced to practice, created, derived, developed, or made any such Prior Inventions at the time of signing this Agreement. Additionally, Party is not required to assign an idea or invention where the invention or idea meets all of the following criteria, namely that the invention or idea: (i) was created or conceived without the use of any of Company’s equipment, supplies, facilities, or trade secret information, and (ii) was developed entirely on Party’s own time, and (iii) does not relate to the business of Company, and (iv) does not relate to Company’s actual or demonstrably anticipated business, research or development, and (v) does not result from any work performed by Party for Company.
Exclusion Notice. The assignment by Employee of Inventions under this Agreement does not apply to any Inventions which are owned or controlled by Employee prior to the commencement of employment of Employee by Employer (all of which are set forth Exhibit "A" hereto). Additionally, Employee is not required to assign an idea or invention where the invention or idea meets all of the following criteria, namely in the invention or idea: (I) was created or conceived without the use of any of Employer's equipment, supplies, facilities, or trade secret information, and (ii) was developed entirely on Employee's own time, and (iii) does not relate to the business of Employer, and (iv) does not relate to Employer's actual or demonstrably anticipated research or development, and (v) does not result from any work performed by Employee for Employer. Employee has reviewed the notification in this Section 6.2.3 and in Exhibit B ("Limited Exclusion Notification") and agrees that Employee's signature on the Limited Exclusion Notification acknowledges receipt of the notification.
Exclusion Notice. The assignment by Xxx of Inventions under this Agreement does not apply to any Inventions that are expressly excluded from coverage pursuant to Section 2870 of the California Labor Code. Accordingly, Xxx is not required to assign an idea or invention for which ALL of the following are applicable:
(i) No equipment, supplies, facility or trade secret information of the Company was used and the invention or idea was developed entirely on Kay's own time;
(ii) The invention or idea does not relate to the business of the Company;
(iii) The invention or idea does not relate to the Company's actual or demonstrably anticipated research or development; and
(iv) The invention or idea does not result from any work performed by Xxx for the Company.
Exclusion Notice. Employee is not required to assign an idea or invention for which all of the following are applicable:
a) No equipment, supplies, facility, or trade secret information of the Company were used and the invention or idea was developed entirely on Employee’s own time, and
b) The invention or idea does not relate to the business of the Company, and
c) invention or idea does not relate to the Company’s actual or demonstrably anticipated The research or development, and
d) The invention or idea does not result from any work performed by Employee for the Company.
Exclusion Notice. Pursuant to California Labor Code section 2870, the assignment by Consultant of Inventions under this Agreement does not apply to any Inventions to which all of the following are applicable: (a) no equipment, supplies, facility, or trade secret information of Company were used; (b) the invention or idea does not relate to the business of Company; (c) the invention or idea does not relate to Company’s actual or demonstrably anticipated research or development; (d) the invention or idea does not result from any work performed by Consultant for Company; and (e) no part of the Invention was developed during times Consultant was performing work for the Company. The Parties acknowledge that Inclusion of this provision shall not alter Consultant’s Independent Contractor status.
Exclusion Notice. The assignment by de Bruin of Inventions under this Agreement does not apply to any Inventions that are expressly excluded from coverage pursuant to Section 2870 of the California Labor Code. Accordingly, de Bruin is not required to assign an idea or invention for which all of the following are applicable:
(i) No equipment, supplies, facility or trade secret information of the Company was used and the invention or idea was developed entirely on de Bruin's own time;
(ii) The invention or idea does not relate to the business of the Company;
(iii) The invention or idea does not relate to the Company's actual or demonstrably anticipated research or development; and
(iv) The invention or idea does not result from any work performed by de Bruin for the Company.
Exclusion Notice. The assignment by Executive of Inventions under this Agreement does not apply to any Inventions which were owned or controlled by Executive prior to December 1, 1997, or Inventions which are expressly excluded from coverage pursuant to Section 2870 of the California Labor Code. Accordingly, pursuant to said Section 2870, Executive is not required to assign an idea or invention where the invention or idea: (i) was created or conceived without the use of any of Company's equipment, supplies, facilities, or trade secret information, (ii) was developed entirely on Executive's own time, (iii) does not relate to the business of Company, (iv) does not relate to Company's actual or demonstrably anticipated research or development, and (v) does not result from any work performed by Executive for Company. As used in this Paragraph 7(b)(3), "invention" shall have the same meaning as "invention" as used in California Labor Code Section 2870.
Exclusion Notice. Within thirty (30) days after first receipt of a true, complete and correct copy of a Transferred Contract whether occurring under Section 2.4(c) or 2.4(g) or at any time thereafter, Centocor may deliver (including after the Termination Time) written notice (each, an “Exclusion Notice”) to Schering-Plough that it desires to exclude any such Transferred Contract listed thereon from the Transferred Assets (each such excluded contract, an “Excluded Contract”); provided, however, that (i) Centocor may elect to exclude a Transferred Contract from the Transferred Assets only because such Transferred Contract (A) contains a covenant that in any way purports to restrict Centocor or its Affiliates in the manner described in clause (B) or (C) of Section 2.4(c)(iii), or (B) is the subject of litigation between Schering-Plough or any of its Affiliates and the other party thereto or the subject of any governmental investigation or proceeding, and (ii) Centocor may only deliver written notice of exclusion of a Transferred Contract pursuant to this Section 2.5(b) prior to the date that is thirty (30) days after a true, correct and complete copy of such Transferred Contract has been provided to Centocor. Schering-Plough will use Diligent Efforts, but without being required to incur any material cost, expense, liability or obligation, to terminate all Excluded Contracts as soon as permitted under their terms.
Exclusion Notice. The assignment by Xxxxxx of Inventions under this Agreement does not apply to any Inventions that are expressly excluded from coverage pursuant to Section 2870 of the California Labor Code. Accordingly, Xxxxxx is not required to assign an idea or invention for which all of the following are applicable:
(i) No equipment, supplies, facility or trade secret information of the Company was used and the invention or idea was developed entirely on Xxxxxx’x own time;
(ii) The invention or idea does not relate to the business of the Company;
(iii) The invention or idea does not relate to the Company’s actual or demonstrably anticipated research or development; and
(iv) The invention or idea does not result from any work performed by Xxxxxx for the Company. As used in this Section 7(c), “invention” will have the same meaning as “invention” as used in Section 2870 of the California Labor Code.
