Common use of LIFE OF THE AGREEMENT Clause in Contracts

LIFE OF THE AGREEMENT. 9.1 Unless otherwise terminated by operation of law, Paragraph 9.2, or by acts of the Parties in accordance with the terms of this Agreement, this Agreement will remain in effect from the Effective Date until the expiration or abandonment of last of the Patent Rights licensed hereunder. CONFIDENTIAL TREATMENT REQUESTED UNDER C.F.R. SECTIONS 200.80(b)(4), 200.83 AND 230.406. [****] INDICATES OMITTED MATERIAL THAT IS THE SUBJECT OF A CONFIDENTIAL TREATMENT REQUEST FILED SEPARATELY WITH THE COMMISSION. THE OMITTED MATERIAL HAS BEEN FILED SEPARATELY WITH THE COMMISSION. 9.2 This Agreement will automatically terminate without the obligation to provide 60 days’ notice as set forth in Paragraph 10.1 (Termination by LLNS) ninety (90) days after a petition for relief under the United States Bankruptcy Code is filed by or against the LICENSEE as a debtor or alleged debtor unless such petition is withdrawn or dismissed within such ninety (90) day period. 9.3 Any termination of this Agreement will not affect the rights and obligations set forth in the following Articles: Article 2 (DEFINITIONS), Article 5 (FEES, ROYALTIES, AND PAYMENTS), Article 8 (BOOKS AND RECORDS), Article 9 (LIFE OF THE AGREEMENT), Article 11 (DISPOSITION OF LICENSED PRODUCTS ON HAND UPON TERMINATION), Article 14 (USE OF NAMES AND TRADEMARKS), Article 15 (LIMITED WARRANTY), Article 16 (INDEMNIFICATION), Article 17 (INSURANCE), Article 21 (NOTICES), Article 22 (GOVERNING LAWS; VENUE; ATTORNEYS’ FEES), and Article 28 (MISCELLANEOUS). 9.4 The termination or expiration of this Agreement will not relieve LICENSEE of its obligation to pay any fees, royalties, and reimbursements for foreign filing costs, or other payments owed to LLNS at the time of such termination or expiration and will not impair any accrued right of LLNS.

LIFE OF THE AGREEMENT. 9.1 Unless otherwise terminated by operation of law, Paragraph 9.2, or by acts of the Parties in accordance with the terms of this Agreement, this Agreement will remain in effect from the Effective Date until the expiration or abandonment of last of the Patent Rights licensed hereunder. CONFIDENTIAL TREATMENT REQUESTED UNDER C.F.R. SECTIONS 200.80(b)(4), 200.83 AND 230.406. [****] INDICATES OMITTED MATERIAL THAT IS THE SUBJECT OF A CONFIDENTIAL TREATMENT REQUEST FILED SEPARATELY WITH THE COMMISSION. THE OMITTED MATERIAL HAS BEEN FILED SEPARATELY WITH THE COMMISSIONat which point this Agreement will expire. 9.2 This Agreement will automatically terminate without at TomoTherapy’s option upon the obligation to provide 60 days’ notice as set forth in Paragraph 10.1 (Termination by LLNS) ninety (90) days after filing of a petition for relief under the United States Bankruptcy Code by XXXX. If the bankruptcy petition is filed against XXXX by or against a third party, XXXX has sixty (60) days from the LICENSEE as a debtor or alleged debtor unless date of the petition to have such petition is withdrawn or dismissed within such ninety third-party bankruptcy filing dismissed. If at the end of the sixty (9060) day period, XXXX fails to have the third party filing dismissed, this Agreement will terminate. 9.3 Any termination of this Agreement will not affect the rights and obligations set forth in the following Articles: Article 2 (DEFINITIONS), Article 5 (FEES, ROYALTIES, AND PAYMENTS), Article 8 (BOOKS AND RECORDS), Article 9 (LIFE OF THE AGREEMENT), Article 11 (DISPOSITION OF LICENSED PRODUCTS ON HAND UPON TERMINATION), Article 14 (USE OF NAMES AND TRADEMARKS), Article 15 (LIMITED WARRANTY), Article 16 (INDEMNIFICATION), Article 17 (INSURANCE), Article 21 (NOTICES), Article 22 (GOVERNING LAWS; VENUE; ATTORNEYS’ FEES), and Article 28 (MISCELLANEOUSPROPRIETARY INFORMATION) and Paragraph B.3 of Exhibit B.2 (RIGHTS GRANTED AND PERFORMANCE OBLIGATIONS), subject to any time limitations set forth in those Articles. Notwithstanding anything herein to the contrary, XXXX shall have no obligation to pay any amount under this Agreement unless such amount was due and owing prior to the termination or expiration of this Agreement. 9.4 The termination or expiration of this Agreement will not relieve LICENSEE XXXX of its obligation to pay any fees, royalties, and reimbursements for foreign filing costs, or other payments owed to LLNS TomoTherapy at the time of such termination or expiration and will not impair any accrued right of LLNSTomoTherapy.

LIFE OF THE AGREEMENT. 9.1 Unless otherwise terminated by operation of law, Paragraph 9.2, or by acts of the Parties in accordance with the terms of this Agreement, this Agreement will remain in effect from the Effective Date until the expiration or abandonment of last of the Patent Rights licensed hereunder. CONFIDENTIAL TREATMENT REQUESTED UNDER C.F.R. SECTIONS 200.80(b)(4), 200.83 AND 230.406. [****] INDICATES OMITTED MATERIAL THAT IS THE SUBJECT OF A CONFIDENTIAL TREATMENT REQUEST FILED SEPARATELY WITH THE COMMISSION. THE OMITTED MATERIAL HAS BEEN FILED SEPARATELY WITH THE COMMISSIONat which point this Agreement will expire. 9.2 This Agreement will automatically terminate without at TomoTherapy’s option upon the obligation to provide 60 days’ notice as set forth in Paragraph 10.1 (Termination by LLNS) ninety (90) days after filing of a petition for relief under the United States Bankruptcy Code by LICENSEE. If the bankruptcy petition is filed against LICENSEE by or against a third party, LICENSEE has sixty (60) days from the LICENSEE as a debtor or alleged debtor unless date of the petition to have such petition is withdrawn or dismissed within such ninety third-party bankruptcy filing dismissed. If at the end of the sixty (9060) day period, LICENSEE fails to have the third party filing dismissed, this Agreement will terminate. 9.3 Any termination of this Agreement will not affect the rights and obligations set forth in the following Articles: Article 2 (DEFINITIONS), Article 5 (FEES, ROYALTIES, AND PAYMENTS), Article 8 (BOOKS AND RECORDS), Article 9 (LIFE OF THE AGREEMENT), Article 11 (DISPOSITION OF LICENSED PRODUCTS ON HAND UPON TERMINATION), Article 14 (USE OF NAMES AND TRADEMARKS), Article 15 (LIMITED WARRANTY), Article 16 (INDEMNIFICATION), Article 17 (INSURANCE), Article 21 (NOTICES), Article 22 (GOVERNING LAWS; VENUE; ATTORNEYS’ FEES), and Article 28 (MISCELLANEOUSPROPRIETARY INFORMATION), subject to any time limitations set forth in those Articles. Notwithstanding anything herein to the contrary, LICENSEE shall have no obligation to pay any amount under this Agreement unless such amount was due and owing prior to the termination or expiration of this Agreement. 9.4 The termination or expiration of this Agreement will not relieve LICENSEE of its obligation to pay any fees, royalties, and reimbursements for foreign filing costs, or other payments owed to LLNS TomoTherapy at the time of such termination or expiration and will not impair any accrued right of LLNSTomoTherapy.

LIFE OF THE AGREEMENT. 9.1 Unless otherwise terminated by operation of law, Paragraph 9.2, or by acts of the Parties in accordance with the terms of this Agreement, this Agreement will remain in effect from the Effective Date until the expiration or abandonment of last of the Patent Rights licensed hereunder. CONFIDENTIAL TREATMENT REQUESTED UNDER C.F.R. SECTIONS 200.80(b)(4), 200.83 AND 230.406. [****] INDICATES OMITTED MATERIAL THAT IS THE SUBJECT OF A CONFIDENTIAL TREATMENT REQUEST FILED SEPARATELY WITH THE COMMISSION. THE OMITTED MATERIAL HAS BEEN FILED SEPARATELY WITH THE COMMISSIONat which point this Agreement will expire. 9.2 This Agreement will automatically terminate without at THE REGENTS’s option upon the obligation to provide 60 days’ notice as set forth in Paragraph 10.1 (Termination by LLNS) ninety (90) days after filing of a petition for relief under the United States Bankruptcy Code by LICENSEE. If the bankruptcy petition is filed against LICENSEE by or against a third party, LICENSEE has sixty (60) days from the LICENSEE as a debtor or alleged debtor unless date of the petition to have such petition is withdrawn or dismissed within such ninety third-party bankruptcy filing dismissed. If at the end of the sixty (9060) day period, LICENSEE fails to have the third party filing dismissed, this Agreement will automatically terminate. 9.3 Any termination of this Agreement will not affect the rights and obligations set forth in the following Articles: Article 2 (DEFINITIONS), Article 5 (FEES, ROYALTIES, AND PAYMENTS), Article 8 (BOOKS AND RECORDS), Article 9 (LIFE OF THE AGREEMENT), Article 11 (DISPOSITION OF LICENSED PRODUCTS ON HAND UPON TERMINATION), Article 14 (USE OF NAMES AND TRADEMARKS), Article 15 (LIMITED WARRANTY), Article 16 (INDEMNIFICATION), Article 17 (INSURANCE), Article 21 (NOTICES), Article 22 (GOVERNING LAWS; VENUE; ATTORNEYS’ FEES), and Article 28 (MISCELLANEOUSPROPRIETARY INFORMATION), subject to any time limitations set forth in those Articles. Notwithstanding anything herein to the contrary, LICENSEE shall have no obligation to pay any amount under this Agreement unless such amount was due and owing prior to the termination or expiration of this Agreement. 9.4 The termination or expiration of this Agreement will not relieve LICENSEE of its obligation to pay any fees, royalties, and reimbursements for foreign filing costs, or other payments owed to LLNS THE REGENTS at the time of such termination or expiration and will not impair any accrued right of LLNSTHE REGENTS.