Common use of Limited Exceptions Clause in Contracts

Limited Exceptions. (a) Notwithstanding Section 10.1, subject to the below conditions, the JDSU Group shall have the right to manufacture, supply, distribute or Sell products in those JDSU Businesses described in EXHIBIT 10.2(a) as generally, commercially available by any member of the JDSU Group immediately after the Effective Date including any Improvements to such products released for general, commercial availability by JDSU at any time on or before July 1, 2017 (collectively, the “JDSU Competitive Products”) and the JDSU Group may supply, distribute and/or Sell such JDSU Competitive Products if supplied by Lumentum. For the purposes of this Section 10.2(a), the scope of all Improvements for the purposes of JDSU Products shall be limited to adaptations, derivatives, improvements or modifications of the JDSU Competitive Products, provided only that such adaptations, derivatives, improvements or modifications still satisfy the definition of the applicable JDSU Competitive Product as described in EXHIBIT 10.2(a) (e.g. all Improvements to PacketPortal and JMEP Optical Transceiver products must have all the features and requirements described within the PacketPortal and JMEP Optical Transceiver products description in EXHIBIT 10.2(a)). (b) Notwithstanding Section 10.1, subject to the below conditions, the Lumentum Group shall have the right to manufacture, supply, distribute or Sell optical products in those Lumentum Businesses described in EXHIBIT 10.2(B) as generally, commercially available by any member of the Lumentum Group immediately after the Effective Date, including any Improvements to such products released for general, commercial availability by Lumentum on or before July 1, 2017 (collectively, the “Lumentum Competitive Products” and together with the JDSU Competitive Products referred to as the “Excepted Field”) (b) and the Lumentum Group may supply, distribute and/or Sell such Lumentum Competitive Products if supplied by JDSU. For the purposes of this Section 10.2(b), the scope of all Improvements for the purposes of Lumentum Products shall be limited to adaptations, derivatives, improvements or modifications of the Lumentum Competitive Products, provided only that such adaptations, derivatives, improvements or modifications still satisfy the definition of the applicable Lumentum Competitive Product as described in EXHIBIT 10.2(B).