License to FCE Upon Expiration of the Term. Upon expiration of the Term, POSCO Power hereby agrees to continue granting to FCE on a non-exclusive basis all rights set forth under Section 2.3 of this Agreement, subject to the payment by FCE to POSCO Power of royalties to be mutually determined by the Parties upon such expiration through commercially reasonable good faith efforts, taking into consideration the contribution of each Party to the POSCO Technology; provided, that in the absence of an agreed royalty determination within the sixty (60) day period immediately following the initial request by either Party to determine the royalties, the parties will submit to binding determination in accordance with Section 4.5.
Appears in 4 contracts
Samples: License and Distribution Agreement (Fuelcell Energy Inc), License and Distribution Agreement (Fuelcell Energy Inc), Technology Transfer, License and Distribution Agreement (Fuelcell Energy Inc)
License to FCE Upon Expiration of the Term. Upon expiration of the Term, POSCO Power hereby agrees to continue granting to FCE on a non-exclusive basis all rights set forth under Section 2.3 of this Agreement, subject to the payment by FCE to POSCO Power of royalties to be mutually determined by the Parties upon such expiration through commercially reasonable good faith efforts, taking into consideration the contribution of each Party to the POSCO Technology; provided, that in the absence of an agreed royalty determination within the sixty (60) day period immediately following the initial request by either Party to determine the royalties, the parties Parties will submit to binding determination in accordance with Section 4.54.4.
Appears in 4 contracts
Samples: Stack Technology Transfer and License Agreement (Fuelcell Energy Inc), Stack Technology Transfer and License Agreement (Fuelcell Energy Inc), Stack Technology Transfer and License Agreement (Fuelcell Energy Inc)
License to FCE Upon Expiration of the Term. Upon expiration of the Term, POSCO Power Energy hereby agrees to continue granting to FCE on a non-exclusive basis all rights set forth under Section 2.3 of this Agreement, subject to the payment by FCE to POSCO Power Energy of royalties to be mutually determined by the Parties upon such expiration through commercially reasonable good faith efforts, taking into consideration the contribution of each Party to the POSCO Technology; provided, that in the absence of an agreed royalty determination within the sixty (60) day period immediately following the initial request by either Party to determine the royalties, the parties Parties will submit to binding determination in accordance with Section 4.54.4, provided that any sublicensing or resale to any Korean Company by FCE shall be subject to POSCO Energy’s consent in its sole discretion.
Appears in 2 contracts
Samples: Technology Transfer and License Agreement (Fuelcell Energy Inc), Technology Transfer and License Agreement (Fuelcell Energy Inc)