Common use of License Survival During Bankruptcy Clause in Contracts

License Survival During Bankruptcy. All rights and licenses granted under or pursuant to this Agreement to the Pathogenics Intellectual Property are, and shall otherwise be deemed to be, for purposes of Paragraph 365(n) of the U.S. Bankruptcy Code, licenses of rights to “Intellectual Property” as defined under Paragraph 101(35A) of the U.S. Bankruptcy Code. The parties agree that Acuity, as a licensee of such rights under this Agreement, shall retain and may fully exercise all of its rights and elections under the U.S. Bankruptcy Code, subject to performance by Acuity of its obligations under this Agreement. The parties further agree that, in the event Pathogenics elects to terminate this Agreement because of a Bankruptcy Event and Acuity elects to continue the licenses under this Agreement as contemplated by the preceding sentence, then Acuity shall be entitled, upon reasonable request, to have access, in confidence, to such of Pathogenics Intellectual Property not already in Acuity’s possession, as shall be reasonably necessary to make use of the license rights under this Agreement without participation by Pathogenics. ****

License Survival During Bankruptcy. All rights and licenses granted under or pursuant to this Agreement to the Pathogenics Alpex Intellectual Property are, and shall otherwise be deemed to be, for purposes of Paragraph 365(n) of the U.S. Bankruptcy Code, licenses of rights to “Intellectual Property” as defined under Paragraph 101(35A) of the U.S. Bankruptcy Code. The parties agree that AcuityCitius, as a licensee of such rights under this Agreement, shall retain and may fully exercise all of its rights and elections under the U.S. Bankruptcy Code, subject to performance by Acuity Citius of its obligations under this Agreement. The parties further agree that, in the event Pathogenics Alpex elects to terminate this Agreement because of a Bankruptcy Event and Acuity Citius elects to continue the licenses under this Agreement as contemplated by the preceding sentence, then Acuity Citius shall be entitled, upon reasonable request, to have access, in confidence, to such of Pathogenics Alpex Intellectual Property not already in Acuity’s Citius's possession, as shall be reasonably necessary to make use of the license rights under this Agreement without participation by PathogenicsAlpex. ****

License Survival During Bankruptcy. All rights and licenses granted under or pursuant to this Agreement to the Pathogenics Intradigm Intellectual Property are, and shall otherwise be deemed to be, for purposes of Paragraph 365(n) of the U.S. Bankruptcy Code, licenses of rights to “Intellectual Property” as defined under Paragraph 101(35A) of the U.S. Bankruptcy Code. The parties agree that Acuity, as a licensee of such rights under this Agreement, shall retain and may fully exercise all of its rights and elections under the U.S. Bankruptcy Code, subject to performance by Acuity of its obligations under this Agreement. The parties further agree that, in the event Pathogenics Intradigm elects to terminate this Agreement because of a Bankruptcy Event and Acuity elects to continue the licenses under this Agreement as contemplated by the preceding sentence, then Acuity shall be entitled, upon reasonable request, to have access, in confidence, to such of Pathogenics Intradigm Intellectual Property not already in Acuity’s possession, as shall be reasonably necessary to make use of the license rights under this Agreement without participation by PathogenicsIntradigm. ****

License Survival During Bankruptcy. All rights and licenses granted under or pursuant to this Agreement to the Pathogenics Alpex Intellectual Property are, and shall otherwise be deemed to be, for purposes of Paragraph 365(n) of the U.S. Bankruptcy Code, licenses of rights to “Intellectual Property” as defined under Paragraph 101(35A) of the U.S. Bankruptcy Code. The parties Parties agree that AcuityValera, as a licensee of such rights under this Agreement, shall retain and may fully exercise all of its rights and elections under the U.S. Bankruptcy Code, subject to performance by Acuity Valera of its obligations under this Agreement. The parties Parties further agree that, in the event Pathogenics Alpex elects to terminate this Agreement because of a Bankruptcy Event and Acuity Valera elects to continue the licenses under this Agreement as contemplated by the preceding sentence, then Acuity Valera shall be entitled, upon reasonable request, to have access, in confidence, to such of Pathogenics Alpex Intellectual Property not already in AcuityValera’s possession, as shall be reasonably necessary to make use of the license rights under this Agreement without participation by Pathogenics. ****Alpex.

License Survival During Bankruptcy. All rights and licenses granted under or pursuant to this Agreement to the Pathogenics Alpex Intellectual Property are, and shall otherwise be deemed to be, for purposes of Paragraph 365(n) of the U.S. Bankruptcy Code, licenses of rights to “"Intellectual Property” " as defined under Paragraph 101(35A) of the U.S. Bankruptcy Code. The parties agree that AcuityCitius, as a licensee of such rights under this Agreement, shall retain and may fully exercise all of its rights and elections under the U.S. Bankruptcy Code, subject to performance by Acuity Citius of its obligations under this Agreement. The parties further agree that, in the event Pathogenics Alpex elects to terminate this Agreement because of a Bankruptcy Event and Acuity Citius elects to continue the licenses under this Agreement as contemplated by the preceding sentence, then Acuity Citius shall be entitled, upon reasonable request, to have access, in confidence, to such of Pathogenics Alpex Intellectual Property not already in Acuity’s Citius's possession, as shall be reasonably necessary to make use of the license rights under this Agreement without participation by PathogenicsAlpex. ****