Inadvertent Omission. Any matters inadvertently omitted from this Collective Agreement shall be the subject of further discussions between the parties.
Inadvertent Omission. In the event that any Intellectual Property Rights throughout the world that constitute Purchased Intellectual Property are not included within the scope of this Agreement as of the Closing Date (“Omitted Intellectual Property”) then, as soon as practicable, such Omitted Intellectual Property shall be assigned, or shall be caused to be assigned, to the Company by amending this Agreement and completing and correcting the schedules hereto or by a separate assignment agreement. Until such date when the assignment of any such Omitted Intellectual Property is in effect and recorded with the applicable Governmental Body, LBHI hereby grants on behalf of itself and its Subsidiaries, and shall cause to be granted, to the Company, as of the Closing Date, a nonexclusive, irrevocable, royalty-free, worldwide, perpetual license in, to and under any Omitted Intellectual Property (with the right to assign and sublicense such rights).
Inadvertent Omission. (a) In the event that the Parties identify after the Transferred Interest Closing Date any Intellectual Property (other than the IP or any commercially available software and products) that is used exclusively in connection with the New Nuclear business (the “Omitted Intellectual Property”) and that is owned by the CEG IP Parties as of the date hereof, then, as soon as practicable after written notice is provided by EDF to CEG, such Omitted Intellectual Property shall be assigned, or shall be caused to be assigned, to the assignee designated by EDF. Until such date when the assignment of any such Omitted Intellectual Property is in effect and, to the extent applicable, recorded with any applicable Governmental Entity, the CEG IP Parties hereby grant to such assignee, as of the date hereof, an exclusive, irrevocable, royalty-free, worldwide, perpetual license in, to and under such Omitted Intellectual Property with the right to assign and sublicense such rights. In the event the Parties identify after the Transferred Interest Closing Date any Omitted Intellectual Property that is not owned by the CEG IP Parties, the CEG IP Parties agree, upon receipt of written notice from EDF or UNE, to use commercially reasonable efforts to provide access for UNE to use such Omitted Intellectual Property on the same terms as UNE used such Omitted Intellectual Property before the Transferred Interest Closing Date.
Inadvertent Omission. Any matter inadvertently omitted from this Agreement shall be the subject of further negotiations between the parties.
Inadvertent Omission. Should there be any inadvertent omissions in this Collective Agreement the parties agree that the parties covered will not be disadvantaged by such omissions.
Inadvertent Omission. (a) In the event that the Parties identify after the Transferred Interest Closing Date any Intellectual Property (other than the IP or any commercially available software and products) that is used exclusively in connection with the New Nuclear business (the “Omitted Intellectual Property”) and that is owned by the CEG IP Parties as of the date hereof, then, as soon as practicable after written notice is provided by EDF to CEG, such Omitted Intellectual Property shall be assigned, or shall be caused to be assigned, to the assignee designated by EDF. Until such date when the assignment of any such Omitted Intellectual Property is in effect and, to the extent applicable, recorded with any applicable Governmental Entity, the CEG IP Parties hereby grant to such assignee, as of the date hereof, an exclusive, irrevocable, royalty-free, worldwide, perpetual license in, to and under such Omitted Intellectual Property with the right to assign and sublicense such rights. In the event the Parties identify after the Transferred Interest Closing Date any Omitted Intellectual Property that is not owned by the CEG IP Parties, the CEG IP Parties agree, upon receipt of written notice from EDF or UNE, to use commercially reasonable efforts to provide access for UNE to use such Omitted Intellectual Property on the same terms as UNE used such Omitted Intellectual Property before the Transferred Interest Closing Date. (b) In the event that any Intellectual Property (other than the IP or any commercially available software or products) that is not used exclusively in connection with the New Nuclear business (the “Shared Intellectual Property”) is owned by the CEG IP Parties as of the date hereof and is not included in the IP then the CEG IP Parties hereby grant to UNE, as of the date hereof, a non-exclusive, royalty-free, worldwide, perpetual license in, to and under any Shared Intellectual Property (with the right to assign and sublicense such rights to Subsidiaries of UNE). In the event that the Parties identify after the Transferred Interest Closing Date any Shared Intellectual Property that is not owned by the CEG IP Parties, the CEG IP Parties agree, upon receipt of written notice from EDF or UNE, to use commercially reasonable efforts to seek access for UNE to use such Shared Intellectual Property on the same terms as UNE used such Shared Intellectual Property before the Transferred Interest Closing Date. 16 ARTICLE IV MISCELLANEOUS Section 4.1
Inadvertent Omission. Any matters inadvertently omitted from this CA shall be the subject of further discussions between the parties.
Inadvertent Omission. It is the intention of the parties that the Transferred Intellectual Property shall include all Intellectual Property used, held for use or practiced by Seller in the Business at the time of Closing Date. In this regard, any Intellectual Property or Marks inadvertently omitted from Schedules A through C of this Agreement shall be deemed included in the Transferred Intellectual Property and added to the appropriate Schedule on a case-by-case evaluation, and the rights and licenses granted hereunder shall apply thereto. Any Intellectual Property that originated in or was first created for the Business shall be rebuttably presumed to be Assigned Intellectual Property. Any Marks that originated in or were first created for the Business shall be rebuttably presumed to be Business Marks. All other inadvertently omitted Intellectual Property shall be rebuttably presumed to be Non-Exclusive Intellectual Property.
Inadvertent Omission. Any MMIC Business Invention Disclosures, MMIC Business Patents or MMIC Business Mask Works which are inadvertently omitted by Seller from the attachments to this Agreement shall be deemed included, and the rights and licenses granted hereunder shall apply thereto.
