Common use of Immunity for Nikon Products Clause in Contracts

Immunity for Nikon Products. 3.2.1 The rights granted to Nikon and its Subsidiaries in Section 2.2 shall include immunity as set forth herein under the ASML Licensed Patents and the Class C Patents Owned or Sublicensable by ASML or its Subsidiaries for the Covered Entities of Nikon and its Subsidiaries for such Covered Entities’ use, importation, offer for sale, sale, lease, and other distribution or conveyance of Nikon Licensed Products made, had made, sold, offered for sale, leased, imported or otherwise conveyed by or for Nikon or its Subsidiaries pursuant to the license granted in Section 2.2. Such immunity means *** - indicates material omitted pursuant to a confidential treatment request and filed separately with the Securities and Exchange Commission. that ASML shall not, and shall cause its Subsidiaries not to, Xxx any Covered Entity of Nikon or its Subsidiaries for direct or indirect infringement (including for inducement of infringement or contributory infringement) based on such Covered Entities’ use, importation, offer for sale, sale, lease, and other distribution or conveyance of such Nikon Licensed Product (a) at any time under any Class A Patents that are ASML Licensed Patents, regardless of when such Nikon Licensed Product was first sold, leased, or otherwise distributed or conveyed by Nikon or its Subsidiaries, (b) at any time under Class B Patents that are at any time ASML Licensed Patents with respect to Nikon Licensed Products that were first sold, leased, or otherwise distributed or conveyed by Nikon or its Subsidiaries prior to or during the License Term or the Transition Period, and (c) at any time under Class C Patents enforceable by ASML or its Subsidiaries, with respect to Nikon Licensed Products that were first sold, leased, or otherwise distributed or conveyed by Nikon or its Subsidiaries prior to or during the License Term or the Transition Period. 3.2.2 Notwithstanding anything to the contrary in this Agreement, the immunity described in subclauses (b) and (c) of Section 3.2.1 is expressly conditioned upon the applicable Covered Entity not Suing ASML or any of its Subsidiaries for Patent infringement with respect to Lithography Equipment or any activities relating thereto (including the manufacture, use, sale, offer for sale, or import of Lithography Equipment and any other activities described in Section 2.1 hereof), and upon any such Suit such immunity shall retroactively be null and void and of no effect with respect to such Covered Entity, and ASML, and its Subsidiaries shall be entitled to seek any remedies available against such Covered Entity under applicable Law, including with respect to past activities, but only if ASML has notified Nikon of the existence of such Suit and the Covered Entity has not taken all actions required on its part to withdraw such Suit completely within two (2) months after such notification. No Suit by ASML or its Subsidiaries against such Covered Entity prior to any such withdrawal shall constitute a breach of this Section 3.2 by ASML or its Subsidiaries as long as ASML or its Subsidiaries take all actions required on their part to withdraw such Suit completely within two (2) months after the Covered Entity has taken all actions required on its part to withdraw its Suit completely.

Immunity for Nikon Products. 3.2.1 The Subject to Section 3.3, the rights granted to Nikon and its Subsidiaries in Section 2.2 2.3 shall include immunity as set forth herein under the ASML Zeiss Licensed Patents and the Class C Patents Owned or Sublicensable by ASML Zeiss SMT or its Subsidiaries for the Covered Entities of Nikon and its Subsidiaries for such Covered Entities’ ' use, importation, offer for sale, sale, lease, and other distribution or conveyance of Nikon Licensed Products made, had made, sold, offered for sale, leased, imported or otherwise conveyed by or for Nikon or its Subsidiaries pursuant to the license granted in Section 2.22.3. Such immunity means *** - indicates material omitted pursuant to a confidential treatment request and filed separately with the Securities and Exchange Commission. that ASML Zeiss SMT shall not, and shall cause its Subsidiaries not to, Xxx any Covered Entity of Nikon or its Subsidiaries for direct or indirect infringement (including for inducement of infringement or contributory infringement) based on such Covered Entities’ ' use, importation, offer for sale, sale, lease, and other distribution or conveyance of such Nikon Licensed Product (a) at any time under any Class A Patents that are ASML Zeiss Licensed Patents, regardless of when such Nikon Licensed Product was first sold, leased, or otherwise distributed or conveyed by Nikon or its Subsidiaries, (b) at any time under Class B Patents that are at any time ASML Zeiss Licensed Patents with respect to Nikon Licensed Products that were first sold, leased, or otherwise distributed or conveyed by Nikon or its Subsidiaries prior to or during the License Term or the Transition Period, and (c) at any time under Class C Patents enforceable by ASML Zeiss SMT or its Subsidiaries, Subsidiaries with respect to Nikon Licensed Products that were first sold, leased, or otherwise distributed or conveyed by Nikon or its Subsidiaries prior to or during the License Term or the Transition Period. 3.2.2 Notwithstanding anything to the contrary in this Agreement, the immunity described in subclauses (b) and (c) of Section 3.2.1 is expressly conditioned upon the applicable Covered Entity not Suing ASML or any of its Subsidiaries for Patent infringement with respect to Lithography Equipment or any activities relating thereto (including the manufacture, use, sale, offer for sale, or import of Lithography Equipment and any other activities described in Section 2.1 hereof), and upon any such Suit such immunity shall retroactively be null and void and of no effect with respect to such Covered Entity, and ASML, and its Subsidiaries shall be entitled to seek any remedies available against such Covered Entity under applicable Law, including with respect to past activities, but only if ASML has notified Nikon of the existence of such Suit and the Covered Entity has not taken all actions required on its part to withdraw such Suit completely within two (2) months after such notification. No Suit by ASML or its Subsidiaries against such Covered Entity prior to any such withdrawal shall constitute a breach of this Section 3.2 by ASML or its Subsidiaries as long as ASML or its Subsidiaries take all actions required on their part to withdraw such Suit completely within two (2) months after the Covered Entity has taken all actions required on its part to withdraw its Suit completely.

Immunity for Nikon Products. 3.2.1 The rights granted to Nikon and its Subsidiaries in Section 2.2 shall include immunity as set forth herein under the ASML Licensed Patents and the Class C Patents Owned or Sublicensable by ASML or its Subsidiaries for the Covered Entities of Nikon and its Subsidiaries for such Covered Entities’ ' use, importation, offer for sale, sale, lease, and other distribution or conveyance of Nikon Licensed Products made, had made, sold, offered for sale, leased, imported or otherwise conveyed by or for Nikon or its Subsidiaries pursuant to the license granted in Section 2.2. Such immunity means *** - indicates material omitted pursuant to a confidential treatment request and filed separately with the Securities and Exchange Commission. that ASML shall not, and shall cause its Subsidiaries not to, Xxx any Covered Entity of Nikon or its Subsidiaries for direct or indirect infringement (including for inducement of infringement or contributory infringement) based on such Covered Entities’ ' use, importation, offer for sale, sale, lease, and other distribution or conveyance of such Nikon Licensed Product (a) at any time under any Class A Patents that are ASML Licensed Patents, regardless of when such Nikon Licensed Product was first sold, leased, or otherwise distributed or conveyed by Nikon or its Subsidiaries, (b) at any time under Class B Patents that are at any time ASML Licensed Patents with respect to Nikon Licensed Products that were first sold, leased, or otherwise distributed or conveyed by Nikon or its Subsidiaries prior to or during the License Term or the Transition Period, and (c) at any time under Class C Patents enforceable by ASML or its Subsidiaries, with respect to Nikon Licensed Products that were first sold, leased, or otherwise distributed or conveyed by Nikon or its Subsidiaries prior to or during the License Term or the Transition Period. 3.2.2 Notwithstanding anything to the contrary in this Agreement, the immunity described in subclauses (b) and (c) of Section 3.2.1 is expressly conditioned upon the applicable Covered Entity not Suing ASML or any of its Subsidiaries for Patent infringement with respect to Lithography Equipment or any activities relating thereto (including the manufacture, use, sale, offer for sale, or import of Lithography Equipment and any other activities described in Section 2.1 hereof), and upon any such Suit such immunity shall retroactively be null and void and of no effect with respect to such Covered Entity, and ASML, and its Subsidiaries shall be entitled to seek any remedies available against such Covered Entity under applicable Law, including with respect to past activities, but only if ASML has notified Nikon of the existence of such Suit and the Covered Entity has not taken all actions required on its part to withdraw such Suit completely within two (2) months after such notification. No Suit by ASML or its Subsidiaries against such Covered Entity prior to any such withdrawal shall constitute a breach of this Section 3.2 by ASML or its Subsidiaries as long as ASML or its Subsidiaries take all actions required on their part to withdraw such Suit completely within two (2) months after the Covered Entity has taken all actions required on its part to withdraw its Suit completely.