Common use of License to POSCO Power Upon Expiration of the Term Clause in Contracts

License to POSCO Power Upon Expiration of the Term. Upon expiration of the Term, FCE hereby agrees to continue and extend the grant and license, on a non-exclusive basis, to POSCO Power of all rights set forth under Sections 2.1 and 2.2 of this Agreement, subject to the payment by POSCO Power to FCE of royalties to be mutually determined by the Parties upon such expiration through commercially reasonable good faith efforts; 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. Such determination shall take into account any compensation owed by FCE to third parties.

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)

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License to POSCO Power Upon Expiration of the Term. Upon expiration of the Term, FCE hereby agrees to continue and extend the grant and license, on a non-exclusive basis, to POSCO Power of all rights set forth under Sections Section 2.1 and 2.2 of this Agreement, subject to the payment by POSCO Power to FCE of royalties to be mutually determined by the Parties upon such expiration through commercially reasonable good faith efforts; 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. Such determination shall take into account any compensation owed by FCE to third parties.

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)

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