Mutual Covenant Not to Sue. Each party agrees not to bring, to cause its Affiliates undex xts control not to bring, and to prohibit any sublicensee from bringing, any infringement suits, actions or proceedings against another party, its Affiliates or its sublicensees with respect to any patents owned by or licensed (with the right to bring infringement suits) to the first party or its Affiliates that are related to the subject matter of the Intellimold IP or Intellimold Enhancements in the event that any Use of the Intellimold IP or Intellimold Enhancements by another party, its Affiliates or sublicensees as permitted by this Agreement, infringes or appears to infringe any such patents. Each party further agrees to impose, and to cause its Affiliates to impose, this covenant on any third party to which such patents may be assigned.
Mutual Covenant Not to Sue. Xxch of Cadence and each and every member of the Cadence Group and Tality and each and every member of the Tality Group covenants and agrees that it shall not Assert any Covered Patent owned by it against the other Party, or the members of the other Party's Group or their customers (direct or indirect), distributors (direct or indirect), agents (direct or indirect) and contractors (direct or indirect) based on an allegation that the manufacture, use, import, offer for sale or sale of the products of the other Party (or member of its Group) technologies or services that existed on the date hereof, including any enhanced or new versions or any successor products, technologies or services that do not have substantial additional functionality or features, by the other Party or member of its Group, or any process or method employed in the manufacture, testing, distribution or use thereof by the other Party or any member of its Group, constitutes an infringement, contributory infringement of, or an inducement to infringe, any such Covered Patents owned by it. This covenant not to sue xxxll survive any termination of this Agreement and shall remain in full force and effect until mutually agreed otherwise by the Parties. For the purposes hereof, (i) "Assert" means to bring an action of any nature before any legal, judicial, arbitration, administrative, executive or other type of body or tribunal that has or claims to have authority to adjudicate such action in whole or in part (examples of such body or tribunal including, without limitation, United States State and Federal Courts, the United States International Trade Commission and any foreign counterparts of any of the foregoing); and (ii) "Covered Patents" means any Patent owned by a Party or member of its Group with an effective filing date prior to the fifth anniversary of the date of this Agreement.
Mutual Covenant Not to Sue a. To the fullest extent permitted by law, at no time subsequent to the execution of this Agreement will you or the Company pursue, or cause or knowingly permit the prosecution of, in any state, federal or foreign court, or before any local, state, federal or foreign administrative agency, or any other tribunal, any charge, claim or action of any kind, nature and character whatsoever, known or unknown, which you or the Company may now have, have ever had, or may in the future have against each other, which is based in whole or in part on any matter covered by this Agreement.
b. Nothing in this section shall prohibit or impair you or the Company from complying with all applicable laws, nor shall this Agreement be construed to obligate either party to commit (or aid or abet in the commission of) any unlawful act.
Mutual Covenant Not to Sue. As of the Closing, the Parties hereby irrevocably and unconditionally covenant not to sue, xx bring, prosecute, assist or participate in any judicial, administrative or other action or proceeding of any kind against (i) the other Party, or any Affiliate of the other Party, on account of the NSI Intellectual Property Rights or NSI Products or (ii) any reseller or customer of the other Party or its Affiliates but only with respect to such reseller's or customer's selling or distributing (not Making, having Made, or using) products based on the NSI Intellectual Property Rights or the NSI Products.
Mutual Covenant Not to Sue a. To the fullest extent permitted by law, at no time subsequent to the execution of this agreement will you or the Company pursue, or cause or knowingly permit the prosecution, in any state, federal or foreign court, or before any local, state, federal or foreign administrative agency, or any other tribunal, any charge, claim or action of any kind, nature and character whatsoever, known or unknown, which you may now have, have ever had, or may in the future have against Releases, or which the Company may now have, have ever had, or may in the future have against you, which is based in whole or in part on any matter covered by this agreement.
b. Nothing in this section shall prohibit you from filing a charge or complaint with a government agency such as but not limited to the Equal Employment Opportunity Commission, the National Labor Relations Board, the Department of Labor, the California Department of Fair Employment and Housing, or other applicable state agency. However, you understand and agree that, by entering into this agreement, you are releasing any and all individual claims for relief, and that any and all subsequent disputes between you and the Company shall be resolved through arbitration as provided below.
c. Nothing in this section shall prohibit or impair you or the Company from complying with all applicable laws, nor shall this agreement be construed to obligate either party to commit (or aid or abet in the commission of) any unlawful act.
Mutual Covenant Not to Sue. Except as expressly provided in this Agreement, XxXxxxxx and the Company each covenant not to commence, encourage, prosecute, or cause to be prosecuted against the other, or to advise any entity or person in bringing or prosecuting any complaint, charges, suit, or proceedings based on a claim, demand, cause of action, or liability that is related to the claims being released in this Agreement.
Mutual Covenant Not to Sue e. To the fullest extent permitted by law, at no time subsequent to the execution of this Agreement will you or the Company, respectively, pursue, or cause or knowingly permit the prosecution of, in any state, federal or foreign court, or before any local, state, federal or foreign administrative agency, or any other tribunal, any charge, claim or action of any kind, nature and character whatsoever, known or unknown, (i) which you may now have, have ever had, or may in the future have against Releasees, or the Company may now have, have ever had, or may in the future have against you, and (ii) which is based in whole or in part on any matter released by this Agreement.
f. Nothing in this paragraph shall prohibit you from filing a charge or complaint with a government agency where, as a matter of law, the parties may not restrict your ability to file such administrative complaints. However, you understand and agree that, by entering into this Agreement, you are releasing any and all individual claims for relief, and that any and all subsequent disputes between you and the Company shall be resolved through arbitration as provided below.
g. Nothing in this paragraph shall prohibit or impair you or the Company from complying with all applicable laws, nor shall this Agreement be construed to obligate either party to commit (or aid or abet in the commission of) any unlawful act.
Mutual Covenant Not to Sue. To the fullest extent permitted by law, at no time subsequent to the execution of this Second Release will Employee or the Company, respectively, pursue, or cause or knowingly permit the prosecution, in any state, federal or foreign court, or before any local, state, federal or foreign administrative agency, or any other tribunal, of any charge, claim or action of any kind, nature and character whatsoever, known or unknown, (i) which Employee may now have, have ever had, or may in the future have against Releasees, or the Company may now have, have ever had, or may in the future have against Employee, and (ii) which is based in whole or in part on any matter released by this Second Release.
Mutual Covenant Not to Sue. (a) Dunne covenantx xnd agrees not xx xile or initiate a lawsuit against any of the Released Parties in regard to any claims, demands, causes of action, suits, damages, losses and expenses, arising from acts or omissions of the Company occurring on or before the Effective Date, and Dunne will ask no other person xx xntity to initiate such a lawsuit on his behalf. If Dunne breaches this covenant axx xxreement, the remaining payments and benefits, if any, to be paid to Dunne under Sections 2, 3, 4, xxx 0 shall immediately terminate, and Dunne shall indemnify and hold xxxxless the Company and any of the Released Parties from any and all costs incurred by any and all of them, including their reasonable attorneys' fees, in defending against such lawsuit.
(b) The Company covenants and agrees not to file or initiate a lawsuit against Dunne in regard to any claims, xxxxnd, causes of action, suits, damages losses and expenses, arising from acts or omissions of Dunne occurring on or before txx Xxfective Date, and the Company will ask no other person or entity to initiate such a lawsuit on its behalf. The only exceptions shall be that this covenant-not-to-sue shall not prohibit the Comxxxy (i) from bringing an action against Dunne in the event that any thxxx-xarty action is brought against the Company alleging criminal or fraudulent acts or omissions by Dunne, or (ii) with respect to xxx criminal or fraudulent acts or omissions by Dunne that are unknown by the Xxxxxny as of the Effective Date. If the Company breaches this covenant and agreement, the Company shall indemnify and hold harmless Dunne from any and all costs ixxxxxed by him, including his reasonable attorneys' fees, in defending against such lawsuit.
Mutual Covenant Not to Sue. Each Party on behalf of themselves and their respective legal representatives, administrators, successors, and assigns hereby covenants and agrees never to commence, prosecute, or cause to be prosecuted against the Released Parties any complaint, suit, action, cause of action, claim, or proceeding concerning, arising out of or related to any Released Claims, except to enforce the terms of this Agreement.
