Extension of New Products Covenant Not To Xxx Period Sample Clauses

Extension of New Products Covenant Not To Xxx Period. Provided that during the New Products Covenant Not To Xxx Period neither Party gives more than one (1) written notice of Infringement to the other Party with respect to any New Product Claim that remains uncured or unresolved as of the expiration of such period (the first written notice of Infringement, with respect to each Party, a “Threshold Claim”), the New Products Covenant Not To Xxx Period shall automatically be extended for one (1) additional year with respect to any New Product Claims other than the Threshold Claims of either or both Parties. In the event that during the New Products Covenant Not To Xxx Period either Party gives written notice of Infringement to the other Party with respect to any New Product Claims that remains uncured or unresolved as of the expiration of the New Products Covenant Not To Xxx Period other than (i.e., in addition to) the Threshold Claim (each such claim other than the Threshold Claim, an “Over Threshold Claim”), then the New Product Covenant Not To Xxx Period shall not be automatically extended as provided in the preceding sentence with respect to any New Product Claims; provided, however, that with respect to each Over Threshold Claim and the Threshold Claim initiated by a Party against the other (the “Initiating Party”), notwithstanding anything else herein to the contrary, if the Initiating Party is not the prevailing Party in any ensuing litigation or legal action regarding the Over Threshold Claims or Threshold Claim, the Initiating Party shall, in addition to any other remedies or damages awarded or imposed, [****], upon entry of final judgment, [****] in connection with the ensuing litigation or legal action, it being understood that nothing in this MOU shall be construed so as to create, restrict or enlarge the right of the Initiating Party [****].
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Related to Extension of New Products Covenant Not To Xxx Period

  • Description of Goods or Services and Additional Terms and Conditions The Contractor shall perform as set forth in Exhibit A. For purposes of this Contract, to perform and the performance in Exhibit A is referred to as “Perform” and the “Performance.”

  • Rights to Inventions Made Under a Contract or Agreement For any federally assisted contract, awarded to a small business firm or nonprofit organization as defined in 37 CFR

  • Requirements Pertaining Only to Federal Grants and Subrecipient Agreements If this Agreement is a grant that is funded in whole or in part by Federal funds:

  • Vendor’s Specific Warranties, Terms, and License Agreements Because TIPS serves public entities and non-profits throughout the nation all of which are subject to specific laws and policies of their jurisdiction, as a matter of standard practice, TIPS does not typically accept a Vendor’s specific “Sale Terms” (warranties, license agreements, master agreements, terms and conditions, etc.) on behalf of all TIPS Members. TIPS may permit Vendor to attach those to this Agreement to display to interested customers what terms may apply to their Supplemental Agreement with Vendor (if submitted by Vendor for that purpose). However, unless this term of the Agreement is negotiated and modified to state otherwise, those specific Sale Terms are not accepted by TIPS on behalf of all TIPS Members and each Member may choose whether to accept, negotiate, or reject those specific Sale Terms, which must be reflected in a separate agreement between Vendor and the Member in order to be effective.

  • Covenant Not to Sxx The parties covenant that under no conditions will any party or any affiliate file any action against the other (except only requests for injunctive or other equitable relief) in any forum other than before the American Arbitration Association, and the parties agree that any such action, if filed, shall be dismissed upon application and shall be referred for arbitration hereunder with costs and attorney's fees to the prevailing party.

  • Covenant Not to Xxx Each Party hereby covenants and agrees that none of it, the members of such Party’s Group or any Person claiming through it shall bring suit or otherwise assert any claim against any Indemnitee, or assert a defense against any claim asserted by any Indemnitee, before any court, arbitrator, mediator or administrative agency anywhere in the world, alleging that: (a) the assumption of any Varex Liabilities by Varex or a member of the Varex Group on the terms and conditions set forth in this Agreement and the Ancillary Agreements is void or unenforceable for any reason; (b) the retention of any Parent Liabilities by Parent or a member of the Parent Group on the terms and conditions set forth in this Agreement and the Ancillary Agreements is void or unenforceable for any reason; or (c) the provisions of this Article IV are void or unenforceable for any reason.

  • Geographic Area and Sector Specific Allowances, Conditions and Exceptions The following allowances and conditions shall apply where relevant. Where the Employer does work which falls under the following headings, the Employer agrees to pay and observe the relevant respective conditions and/or exceptions set out below in each case.

  • Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of “funding agreement” under 37 CFR § 401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.

  • Termination of License Agreement This Agreement will terminate automatically in the event that the License Agreement is terminated, provided that prior to such termination of this Agreement becoming effective, the Parties shall cooperate to wind down the activities being conducted hereunder as set forth in Section 15.5(b).

  • Application to Master Agreement For the avoidance of doubt, Clause 21.5 does not apply in respect of sums due from the Borrower to the Swap Bank under or in connection with the Master Agreement as to which sums the provisions of section 8 (Contractual Currency) of the Master Agreement shall apply.

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