JDSU Restricted Patents. JDSU hereby covenants on its own behalf and on behalf of the other members of the JDSU Group that, unless obligated to do so by any Third Party agreement existing on the Effective Date, it will not Assert against any member of the Lumentum Group any JDSU Restricted Patent that would have been licensed hereunder but for the restriction against a member of the JDSU Group licensing such Patent to Lumentum contained in a Third Party agreement. Such covenant shall be with respect to any conduct that would have otherwise been licensed hereunder. Such covenant shall be effective to the extent permitted by the Third Party agreement.
Appears in 4 contracts
Samples: Intellectual Property Matters Agreement (Lumentum Holdings Inc.), Intellectual Property Matters Agreement (Viavi Solutions Inc.), Intellectual Property Matters Agreement (Lumentum Holdings Inc.)
