Joint Operative Documents Clause Samples
The Joint Operative Documents clause defines and identifies the set of agreements and instruments that collectively govern the rights, obligations, and operations of the parties involved in a joint venture or collaborative project. This clause typically lists or references all relevant documents, such as partnership agreements, operating agreements, and ancillary contracts, ensuring that all parties are aware of the full suite of operative documents that apply to their relationship. By clearly specifying which documents are considered operative, this clause helps prevent confusion or disputes over which terms control, thereby ensuring consistency and clarity in the administration of the joint arrangement.
Joint Operative Documents. The Parties acknowledge and agree that the following agreements shall remain in force or be amended or executed as indicated below and shall apply generally to the Parties’ collaboration with respect to NAND Flash Memory Products and related products (collectively, the “Joint Operative Documents”):
(i) the Second Amended and Restated Common R&D and Participation Agreement, dated as of the date hereof, between SanDisk Corporation and Toshiba (the “Common R&D Agreement”), a copy of which is Exhibit B1 and which concerns collaboration between the Parties with respect to research and development activities;
(ii) the Second Amended and Restated Product Development Agreement, dated as of the date hereof, between the SanDisk Corporation and Toshiba (the “Product Development Agreement”), a copy of which is Exhibit B2 and which concerns collaboration between the Parties with respect to product development activities; and
(iii) an Amendment No. 4 to Patent Cross License Agreement, dated as of the date hereof, between SanDisk Corporation and Toshiba (the “Amendment No. 4 to Patent Cross License Agreement”), a copy of which is Exhibit B3, amending that certain Patent Cross License Agreement between SanDisk Corporation and Toshiba, dated as of July 30, 1997 (as amended by Amendment No. 1 to Patent Cross License Agreement, dated as of May 9, 2000, Amendment No. 2 to Patent Cross License Agreement, dated as of April 10, 2002, and Amendment No. 3 to Patent Cross License Agreement, dated as of September 10, 2004, the “Cross License Agreement”), and which concerns certain patent licenses granted by SanDisk Corporation and Toshiba to one another.