Independent Developments. Nothing contained in this Agreement will prevent either Sponsor or MSK from entering into research projects with third parties which are similar to the Sponsored Research herein, or from independently developing (either through third parties or through the use of its own personnel), or from acquiring from third parties, technologies or products which are similar to and competitive with Inventions resulting from the Sponsored Research. Further, nothing herein will be construed to grant either Party any rights in any such independently developed technologies or products so developed or acquired as described in this section or any rights to the revenues or any portion thereof derived by the other from the use, sale, lease, license or other disposal of any such technologies or products. Furthermore, nothing herein will preclude either Party from transferring any such technologies or products to others including to users of the Inventions resulting from the Sponsored Research.
Independent Developments. Nothing contained in the Agreement shall prevent either Party from entering into projects with third parties which are similar to Services herein.
Independent Developments. Disclosing Party understands that Recipient may develop or have developed information internally, or receive or have received information from other parties that is similar to the Confidential Information. Accordingly, nothing in this Agreement shall be construed as a representation that Recipient has not or will not independently develop products that compete with the products or systems contemplated by the Confidential Information provided that it does so without breaching the terms of this Agreement.
Independent Developments. (a) In the event that either party ------------------------ independently develops technology, including any technology existing on the Effective Date, that is included in Interoperability Technology, such party shall retain full right, title and interest in and to such technology, including any and all intellectual property rights therein; however, each party hereby grants to the other party, to the fullest extent possible, subject to any Third Party Technology restrictions as described in Section 5.03, a perpetual, non- exclusive, royalty-free, worldwide license to use, copy, distribute, sublicense and allow its Distribution Partners and Radio Manufacturing Partners to sublicense such technology for the purpose of manufacturing Interoperable Radios and marketing and distributing Interoperable Radios in North America.
(b) In addition, each party shall retain full right, title and interest in and to its technology included in the digital satellite radio system of such party as of the Effective Date, including any and all intellectual property rights therein; however, each party hereby grants to the other party, to the fullest extent possible, subject to any Third Party Technology restrictions as described in Section 5.03, a perpetual, non- exclusive, royalty-free, worldwide license to use, copy, distribute, sublicense and allow such other party's Distribution Partners and Radio Manufacturing Partners to sublicense such technology (including any other technology relevant to a satellite digital audio radio system that such party, or any officer, employee or affiliate of such party, may own or have a license to use) for the purpose of manufacturing, marketing and distributing such other party's satellite digital audio radio system in North America, including any Single Mode Radios used in connection therewith; provided that the technology covered by -------- such license shall exclude all Non-core Technology.
Independent Developments. Discloser understands that Recipient may currently, or in the future be developing information internally, or receiving information from other Parties that may be similar to Discloser’s information. Accordingly, nothing herein will be construed as a representation or inference that Recipient will not develop products, concepts, systems or techniques that are similar to or compete with the products, concepts, systems or techniques contemplated by or embodied in the Confidential Information, provided that Recipient does not violate any of its obligations under this Agreement.
Independent Developments. Each Discloser acknowledges that, since its inception, the Recipient has conducted, continues to conduct, and will in the future conduct, research, development, manufacturing and other commercial activities in areas which may be similar or competitive to those of the Discloser, including, without limitation, activities related to similar pharmaceutical products, compounds, pathways and targets and various combinations of the foregoing. Accordingly, each Discloser acknowledges and agrees that this Agreement shall in no way be construed as prohibiting or restricting Recipient from continuing these activities or conducting new, similar activities; provided, that the Recipient will not use the Discloser's Confidential Information in breach of this Agreement. In furtherance of the foregoing, Recipient's permitting one person to gain actual access to all or part of the Confidential Information shall not be construed as giving other persons in Recipient's employ constructive access to the same such Confidential Information.
Independent Developments. It is understood that the Parties have performed ------------------------ and will continue to perform substantial independent development relating to networking products and associated technologies. Each Party also understands that, over time, the other Party's employees may gain familiarity with the general concepts and ideas in the other Party's technology disclosed under the Agreement from independent sources. Consequently, each Party acknowledges that each Party shall be free to use such independently developed or received concepts and ideas free of all restrictions, other than those set forth in this Section 2.
Independent Developments. Neither Party, nor its Affiliates will be precluded from using their general knowledge, skills, experience and any ideas, concepts, methodologies, processes and know-how that are developed, acquired or used in the performance of the Agreement or created by such Party in the course of performing or receiving Services and/or Products, except to the extent that this would result in a breach of such Party’s confidentiality undertakings under this Agreement or the other Party’s Intellectual Property Rights.
Independent Developments. 16.1 Nothing contained in this Agreement shall prevent either JITRI or UNIVERSITY from entering into research projects with third parties which are similar to the Project, or from independently developing (either through third parties or through the use of its own personnel), or from acquiring from third parties, technologies or products which are similar to and competitive with Project Intellectual Property resulting from the Project. When UNVERSITY enters into similar research project with any third party, UNIVERSITY cannot use the results which were generated under the contract between UNIVERSITY and JITRI and open them to the third party without the approval of JITRI.
Independent Developments. Nothing contained in this Agreement will prevent either Sponsor or MSK from entering into research projects with third parties which are similar to the Research herein, or from independently developing (either through third parties or through the use of its own personnel), or from acquiring from third parties, technologies or products which are similar to and competitive with Inventions resulting from the Research. Further, nothing herein will be construed to grant either Party any rights in any such independently developed technologies or products so developed or acquired as described in this section or any rights to the revenues or any portion thereof derived by the other from the use, sale, lease, license or other disposal of any such technologies or products. Furthermore, nothing herein will preclude either Party from transferring any such technologies or products to others including to users of the Inventions resulting from the Research. Certain information (marked as [***]) has been excluded from this exhibit because it is both (i) not material and (ii) would be competitively harmful if publicly disclosed.
