Grandfathering of Rights. Notwithstanding anything to the contrary herein, neither Textron nor any of its Affiliates, as applicable, shall be in breach of this Agreement on account of (i) the granting of any sublicense by Textron or such Affiliate or (ii) the Use by Textron or such Affiliate or their respective sublicensees of all or any part of the Intellimold IP or any Intellimold Enhancement, in each case, within the Restricted Field, provided that, with respect to clause (i), the granting of such sublicense was in accordance with the terms of this Agreement as of the date on which it was entered into by the parties and, with respect to clause (ii), such Use was in accordance with the terms of this Agreement as of the date of commencement of such Use or, with respect to Use by a sublicensee, as of the date on which the relevant sublicense agreement was entered into by the parties. The parties agree and acknowledge that the foregoing provision is intended to clarify the intent of the parties that any expansion of the Restricted Field pursuant to clause (iii) of such definition after the Effective Date shall not operate to exclude Textron and its Affiliates from their respective operations, or restrict third parties in the exercise of their rights under existing sublicenses, solely in such portion of the expanded Restricted Field as was not included within the Restricted Field as of the Effective Date.
Grandfathering of Rights. Notwithstanding anything to the contrary herein, neither Textron nor any of its Affiliates, as applicable, shall be in breach of this Agreement on account of (i) the granting of any sublicense by Textron or such Affiliate or (ii) the Use by Textron or such Affiliate or their respective sublicensees of all or any part of the Licensed-Back IP, in each case, within the Restricted Field, provided that, with respect to clause (i), the granting of such sublicense was in accordance with the terms of this Agreement as of the date on which it was entered into by the parties and, with respect to clause (ii), such Use was in accordance with the terms of this Agreement as of the date of commencement of such Use or, with respect to Use by a sublicensee, as of the date on which the relevant sublicense agreement was entered into by the parties. The parties agree and acknowledge that the foregoing provision is intended to clarify the intent of the parties that any expansion of the Restricted Field pursuant to clause (iii) of such definition after the Effective Date shall not operate to exclude Textron and its Authorized Affiliates from their respective operations, or restrict third parties in the exercise of their rights under existing sublicenses, solely in such portion of the expanded Restricted Field as was not included within the Restricted Field as of the Effective Date.
