Common use of Failure to Maintain Improvement Patents Clause in Contracts

Failure to Maintain Improvement Patents. All services, costs, fees (including but not limited to maintenance fees, etc.) for an Improvement Patent shall be directly paid or reimbursed by the Requesting Party. The Owner Party shall not take any action or inaction that results in the abandonment of the Improvement Patent unless required to do so by court order or the terms of a bona fide settlement agreement. In the event the Requesting Party fails to directly pay or reimburse the Owner Party for any service, costs, fees, etc for an Improvement Patent, then (a) the Requesting Party shall thereafter no longer be licensed under this Agreement to use or practice the inventions, technologies or claims that are the subject of such Improvement Patent, and (b) the Owner Party of such Improvement Patent shall have the option to maintain, prosecute or pursue such Improvement Patent or to abandon and terminate prosecution and maintenance of such Improvement Patent, without the need for such Owner Party to comply with the provisions of Section 4.5, which shall be inapplicable to such abandonment of such Improvement Patent.