Common use of Infringement Rights Clause in Contracts

Infringement Rights. a. In the event one or all patents pending set forth under the definition "Santxxxx Xxxhnology" are not granted by the US Patent Office, TTL agrees to be bound by the terms of this License Agreement, including the payment of all Royalties and granting of all new product Common Stock Options for a period of ten years following notification of such patent-pending denial. Each party shall notify the other in writing at such time as any Santxxxx Xxxhnology patent is issued or denied. b. In the event that TTL's commercialization of any Assigned Product, Assigned Service, or Assigned System is accused of infringing a proprietary right of any third party, the parties will cooperate in attempting to avoid such infringement or to prove lack of infringement, and so long as TTL's license hereunder is exclusive to the extent set forth above, TTL will have a right, but not an obligation, to defend or assist in defending against any infringement action brought by a third party, and shall have also the obligation to pay one-half (1/2) of the costs of doing so, except as either party may voluntarily pay more thereof incidental to participation therein. c. Neither party will be liable to the other paty if unable or unwilling to continue this Agreement because of such infringement of third-party rights, and in that event TTL will cease commercializing Assigned Products, Assigned Services, and Assigned Systems, and TTL will relinquish its rights hereunder in that event, and thereby terminate its Royalty and attendant obligations to the Assignor. d. In the event that the activities of any third party are asserted (or otherwise appear) to infringe an intellectual property right Assigned to TTL hereunder, the parties will cooperate in attempting to ascertain and to abatx xxxh infringement. So long as TTL's Assignment hereunder is exclusive to the extent set forth above, TTL will have a prior right, but not an obligation, to abatx xxxh infringement, whether by litigation or otherwise, subject to paying all the costs of doing so other than such costs or expenses as the Assignor may voluntarily pay incidental thereto or to participation therein. Any moneys recovered from a third-party infringer will be retained by the parties, prorated to their expenditures after determining what portion of moneys recovered are due the Assignor as part of any Royalty, whose action(s) had such result. e. If third-party infringement is not abated, TTL may elect to continue as a non-exclusive Assignee under this Agreement as its sole remedy, or alternatively TTL may discontinue its license and cease royalty payments as its sole remedy.

Infringement Rights. a. In As of the event one or all patents pending set forth under the definition "Santxxxx Xxxhnology" are not granted by the US Patent Officeeffective date of this Agreement, TTL agrees to be bound by acknowledges that the terms exclusive ownership of this License Agreementthe initially Licensed Know-how, including the payment of Licensed Patents, and the Licensed Trademarks is in RAJ or in BPV Partners, and is not at all Royalties and granting of all new product Common Stock Options for a period of ten years following notification of such patent-pending denial. Each party shall notify the other in writing at such time as any Santxxxx Xxxhnology patent is issued or deniedTTL. b. In the event that TTL's commercialization of any Assigned Licensed Product, Assigned Licensed Service, or Assigned Licensed System is accused of infringing a proprietary right of any third partyParty, the parties Parties will cooperate in attempting to avoid such infringement or to prove lack of infringement, and so long as TTL's license hereunder is exclusive to the extent set forth above, TTL each Party will have a right, but not an the right and obligation, to defend or assist in defending against any infringement action brought by a third partyParty, and shall have also the obligation to pay one-half (1/2) of the costs of doing so, except as either party Party may voluntarily pay more thereof incidental to participation Participation therein. c. Neither party Party will be liable to the other paty Party if unable or unwilling to continue this Agreement because of such infringement of third-party Party rights, and in that event TTL will cease commercializing Assigned Licensed Products, Assigned Licensed Services, and Assigned Licensed Systems, and TTL will relinquish its rights hereunder in that event, and thereby terminate its Royalty and attendant obligations to the AssignorRAJ and BPV. d. In the event that the activities of any third party Party are asserted (or otherwise other-wise appear) to infringe an intellectual property right Assigned licensed to TTL hereunder, the parties Parties will cooperate in attempting to ascertain and to abatx xxxh xxxxx such infringement. So long as TTL's Assignment license hereunder is exclusive to the extent set forth above, TTL will have a prior right, but not an obligation, to abatx xxxh xxxxx such infringement, whether by litigation or otherwise, subject to paying all the costs of doing so other than such costs or expenses as the Assignor RAJ may voluntarily pay incidental thereto or to participation Participation therein. Any moneys recovered from a third-party Party infringer will be retained by the partiesParty(ies), prorated pro-rated to their expenditures after determining what portion of moneys recovered are due the Assignor as part of any Royaltyexpenditures, whose action(s) had such result. e. If third-party Party infringement is not abated, TTL may elect to continue as a non-exclusive Assignee licensee under this Agreement as its sole remedy, or alternatively TTL may discontinue its license and cease royalty payments as its sole remedy.

Infringement Rights. a. In The ElectroMagnetion(TM) Owners state that the event one ElectroMagnetion(TM) Technology is a new bond among molecules caused by suitable electric and/or magnetic fields and that ElectroMagnetion(TM) is an independent invention eligible for patent(s) or all patents pending set forth under similar devices separate from the definition "Santxxxx Xxxhnology" are not granted by AquaFuel(TM) Technology. Therefore, in so far as the US Patent Office, TTL agrees ElectroMagnetion(TM) Technology is found to be bound by not eligible for patent(s) or is found to infringe on any pre-existing patent(s) including those patent(s) underlying the terms AquaFuel(TM) Technology, then TTL shall have no further obligation of any kind under this License Agreement, including the payment of all Royalties and granting of all new product Common Stock Options for a period of ten years following notification of such patent-pending denialElectroMagnetion(TM)-AquaFuel(TM) License. Each party The ElectroMagnetion(TM) Owners shall notify the other TTL in writing at such time as any Santxxxx Xxxhnology ElectroMagnetion(TM) Technology patent is issued or denieddenied according to any action, final or otherwise, by the US Patent Office. b. In the event that TTL's commercialization of any Assigned Licensed Product, Assigned Licensed Service, or Assigned Licensed System is accused of of-infringing a proprietary right of any third party, the parties will cooperate in attempting to avoid such infringement or to prove lack of infringement, and so long as TTL's license hereunder is exclusive to the extent set forth above, TTL will have a right, but not an obligation, to defend or assist in defending against any infringement action brought by a third party, and shall have also the obligation subject to pay one-half (1/2) of paying all the costs of doing so, except so other than such costs or expenses as either party ElectroMagnetion(TM) Owners may voluntarily pay more thereof incidental thereto or to participation therein. Any moneys recovered as a result of litigation or however will be retained by the parties, pro-rated to their expenditures. c. Neither party will be liable to the other paty party if unable or unwilling to continue this Agreement ElectroMagnetion(TM)-AquaFuel(TM) License because of such infringement of third-party rights, and in that event TTL will cease commercializing Assigned Licensed Products, Assigned Licensed Services, and Assigned Licensed Systems, and TTL will relinquish its rights hereunder in that event, and thereby terminate its Royalty and attendant obligations to the AssignorElectroMagnetion(TM) Owners. d. In the event that the activities of any third party are asserted (or otherwise other-wise appear) to infringe an intellectual property right Assigned licensed to TTL hereunder, the parties will cooperate in attempting to ascertain and to abatx xxxh infringement. So long as TTL's Assignment license hereunder is exclusive to the extent set forth above, TTL will have a prior right, but not an obligation, to abatx xxxh infringement, whether by litigation or otherwise, subject to paying all the costs of doing so other than such costs or expenses as the Assignor ElectroMagnetion(TM) Owners may voluntarily pay incidental thereto or to participation therein. Any moneys recovered from a third-party infringer will be retained by the parties, prorated pro-rated to their expenditures after determining what portion of moneys recovered are due the Assignor ElectroMagnetion(TM) Owners as part of any their Running Royalty, whose action(s) had such result. e. If third-party infringement is not abated, TTL may elect to continue as a non-exclusive Assignee licensee under this Agreement ElectroMagnetion(TM)- AquaFuel(TM) License as its sole remedy, or alternatively TTL may discontinue its license and cease royalty payments as its sole remedy.

Infringement Rights. a. In the event one or all patents pending set forth under the definition "Santxxxx Xxxhnology" are not granted by the US Patent Office, TTL agrees to be bound by the terms of this License Agreement, including the payment of all Royalties and granting of all new product Common Stock Options for a period of ten years following notification of such patent-pending denial. Each party shall notify the other in writing at such time as any Santxxxx Xxxhnology patent is issued or denied. b. In the event that TTLUSM's commercialization of any Assigned Licensed Product, Assigned Licensed Service, or Assigned Licensed System is accused of of-infringing a proprietary right of any third party, the parties will cooperate in attempting to avoid such infringement or to prove lack of infringement, and so long as TTLUSM's license hereunder is exclusive to the extent set forth above, TTL USM will have a right, but not an obligation, to defend or assist in defending against any infringement action brought by a third party, and shall have also the obligation to pay one-half (1/2) of the costs of doing so, except as either party may voluntarily pay more thereof incidental to participation therein. c. b. Neither party will be liable to the other paty party if unable or unwilling to continue this Agreement because of such infringement of third-party rights, and in that event TTL USM will cease commercializing Assigned Licensed Products, Assigned Licensed Services, and Assigned Licensed Systems, and TTL USM will relinquish its rights hereunder in that event, and thereby terminate its Royalty and attendant obligations to the AssignorLicensor. d. c. In the event that the activities of any third party are asserted (or otherwise other-wise appear) to infringe an intellectual property right Assigned Licensed to TTL USM hereunder, the parties will cooperate in attempting to ascertain and to abatx xxxh abate such infringement. So long as TTLUSM's Assignment hereunder is exclusive excxxxxxe to the extent set forth above, TTL USM will have a prior right, but not an ;in obligation, to abatx xxxh abate such infringement, whether by litigation or otherwise, subject to paying xx xxying all the costs of doing so other than such costs or expenses as the Assignor Licensor may voluntarily pay incidental thereto or to participation therein. Any moneys recovered from a third-party infringer will be retained by the parties, prorated pro-rated to their expenditures after determining what portion of moneys recovered are due the Assignor Licensor as part of any Royalty, whose action(s) had such result. e. d. If third-party infringement is not abated, TTL USM may elect to continue as a non-exclusive Assignee Licensee under this Agreement as its sole remedy, or alternatively TTL USM may discontinue its license and cease royalty payments as its sole remedy.

Infringement Rights. a. In TTL acknowledges that the event one exclusive ownership of the Licensed Know-How, the Licensed Patents and the Licensed Trademarks and any improvements thereof or all patents pending set forth under thereto during the definition "Santxxxx Xxxhnology" are not granted by the US Patent Office, TTL agrees to be bound by the terms term of this License Agreement, including Agreement and any extensions or renewals thereof is and shall remain in the payment of LLC and not at all Royalties and granting of all new product Common Stock Options for a period of ten years following notification of such patent-pending denial. Each party shall notify in the other in writing at such time as any Santxxxx Xxxhnology patent is issued or denied7TL. b. In the event that TTL's commercialization of any Assigned Licensed Product, Assigned Licensed Service, or Assigned Licensed System is accused of infringing a proprietary right of any third party, the parties will cooperate in attempting to avoid such infringement or to prove lack of infringement, and so long as TTL's license hereunder is exclusive to the extent set forth above, TTL ~TL will have a right, but not an obligation, to defend or assist in defending against any infringement action brought by a third party, and shall have also the obligation to pay one-half (1/2) of the costs of doing so, except as either party may voluntarily pay more thereof incidental to participation therein. c. Neither party will be liable to the other paty party if unable or unwilling to continue this Agreement because of such infringement of third-party rights, and in that event TTL will cease commercializing Assigned Licensed Products, Assigned Licensed Services, and Assigned Licensed Systems, and TTL will relinquish its rights hereunder in that event, and thereby terminate its Royalty and attendant obligations to the AssignorLLC. d. In the event that the activities of any third party are asserted (or otherwise other- wise appear) to infringe an intellectual property right Assigned licensed to TTL hereunder, the parties will cooperate in attempting to ascertain and to abatx xxxh infringementabate sucx xxxringement. So long as TTL's Assignment license hereunder is exclusive to the extent set forth above, TTL will have a prior right, but not an obligation, to abatx xxxh infringementabate sucx xxxringement, whether by litigation or otherwise, subject to paying all the costs of doing so other than such costs or expenses as the Assignor LLC may voluntarily pay incidental thereto or to participation therein. Any moneys recovered from a third-party infringer will be retained by the parties, prorated pro-rated to their expenditures after determining what portion of moneys recovered are due the Assignor LLC as part of any his Running Royalty, whose action(s) had such result. e. If third-party infringement is not abated, TTL ~TL may elect to continue as a non-exclusive Assignee licensee under this Agreement as its sole remedy, or alternatively TTL may discontinue its license and cease royalty payments as its sole remedy.

Infringement Rights. a. In As of the event one or all patents pending set forth under the definition "Santxxxx Xxxhnology" are not granted by the US Patent Officeeffective date of this Agreement, TTL agrees to be bound by acknowledges that the terms exclusive ownership of this License Agreementthe initially Licensed Know-how, including the payment of Licensed Patents, and the Licensed Trademarks is in WHR or in WAFT Partners, and not at all Royalties and granting of all new product Common Stock Options for a period of ten years following notification of such patent-pending denial. Each party shall notify the other in writing at such time as any Santxxxx Xxxhnology patent is issued or deniedTTL. b. In the event that TTL's commercialization of any Assigned Licensed Product, Assigned Licensed Service, or Assigned Licensed System is accused of of-infringing a proprietary right of any third party, the parties will cooperate in attempting to avoid such infringement or to prove lack of infringement, and so long as TTL's license hereunder is exclusive to the extent set forth above, TTL will have a right, but not an obligation, to defend or assist in defending against any infringement action brought by a third party, and shall have also the obligation to pay one-half (1/2) of the costs of doing so, except as either party may voluntarily pay more thereof incidental to participation therein. c. Neither party will be liable to the other paty party if unable or unwilling to continue this Agreement because of such infringement of third-party rights, and in that event TTL will cease commercializing Assigned Licensed Products, Assigned Licensed Services, and Assigned Licensed Systems, and TTL will relinquish its rights hereunder in that event, and thereby terminate its Royalty and attendant obligations to the AssignorWHR and WAFT. d. In the event that the activities of any third party are asserted (or otherwise other- wise appear) to infringe an intellectual property right Assigned licensed to TTL hereunder, the parties will cooperate in attempting to ascertain and to abatx xxxh xxxxx such infringement. So long as TTL's Assignment license hereunder is exclusive to the extent set forth above, TTL will have a prior right, but not an obligation, to abatx xxxh xxxxx such infringement, whether by litigation or otherwise, subject to paying all the costs of doing so other than such costs or expenses as the Assignor WHR may voluntarily pay incidental thereto or to participation therein. Any moneys recovered from a third-party infringer will be retained by the partiesparty(ifs), prorated pro-rated to their expenditures after determining what portion of moneys recovered are due the Assignor as part of any Royaltyexpenditures, whose action(s) had such result. e. If third-party infringement is not abated, TTL may elect to continue as a non-exclusive Assignee licensee under this Agreement as its sole remedy, or alternatively TTL may discontinue its license and cease royalty payments as its sole remedy.

Infringement Rights. a. In As of the event one or all patents pending set forth under the definition "Santxxxx Xxxhnology" are not granted by the US Patent Officeeffective date of this Agreement, TTL agrees to be bound by acknowledges that the terms exclusive ownership of this License Agreementthe initially Licensed Know-how, including the payment of Licensed Patents, and the Licensed Trademarks is in Mr. Xxxxxxxxxx, and not at all Royalties and granting of all new product Common Stock Options for a period of ten years following notification of such patent-pending denial. Each party shall notify the other in writing at such time as any Santxxxx Xxxhnology patent is issued or deniedTTL. b. In the event that TTL's commercialization of any Assigned Licensed Product, Assigned Licensed Service, or Assigned Licensed System is accused of infringing a proprietary right of any third party, the parties will cooperate in attempting to avoid such infringement or to prove lack of infringement, and so long as TTL's license hereunder is exclusive to the extent set forth above, TTL will have a right, but not an obligation, to defend or assist in defending against any infringement action brought by a third party, and shall have also the obligation to pay one-half (1/2) of the costs of doing so, except as either party may voluntarily pay more thereof incidental to participation therein. c. Neither party will be liable to the other paty party if unable or unwilling to continue this Agreement because of such infringement of third-party rights, and in that event TTL will cease commercializing Assigned Licensed Products, Assigned Licensed Services, and Assigned Licensed Systems, and TTL will relinquish its rights hereunder in that event, and thereby terminate its Royalty and attendant obligations to the AssignorMr. Xxxxxxxxxx. d. In the event that the activities of any third party are asserted (or otherwise other-wise appear) to infringe an intellectual property right Assigned licensed to TTL hereunder, the parties will cooperate in attempting to ascertain and to abatx xxxh infringement. So long as TTL's Assignment license hereunder is exclusive to the extent set forth above, TTL will have a prior right, but not an obligation, to abatx xxxh infringement, whether by litigation or otherwise, subject to paying all the costs of doing so other than such costs or expenses as the Assignor may Mr. Xxxxxxxxxx xxx voluntarily pay incidental thereto or to participation therein. Any moneys recovered from a third-party infringer will be retained by the parties, prorated pro-rated to their expenditures after determining what portion of moneys recovered are due the Assignor as Mr. Xxxxxxxxxx xx part of any his Running Royalty, whose action(s) had such result. e. If third-party infringement is not abated, TTL may elect to continue as a non-exclusive Assignee under this Agreement as its sole remedy, or alternatively TTL may discontinue its license and cease royalty payments as its sole remedy.