Common use of No Breach for Non-Infringement Clause in Contracts

No Breach for Non-Infringement. Notwithstanding anything to the contrary contained in this License Agreement, it shall not be a breach of this License Agreement, nor shall it give rise to any royalty payment or other obligations under this License Agreement, for Licensee to manufacture, sell, import or otherwise dispose of a Licensed Product, where such manufacture, sale, importation or other disposal does not infringe any claim of an issued and unexpired Licensed Patent that has not been held unenforceable, un-patentable or invalid by a decision of a court or governmental agency of competent jurisdiction, where no appeal against such decision is possible. Except in cases where a Shipment is an Exempt Shipment, or where all issued and unexpired Licensed Patents subsisting for the locations between which the Shipment has been made have been held unenforceable, un-patentable or invalid by a decision of a court or governmental agency of competent jurisdiction, where no appeal against such decision is possible, Licensee may not fail to make royalty payments or to comply with its other obligations under this License Agreement based on this Section 14.1 of this License Agreement with respect to such Shipment without first providing Licensing Company with an analysis by a licensed patent attorney demonstrating that the manufacture, sale, importation or other disposal with respect to such Shipment does not infringe any Licensed Patent subsisting for the locations between which such Shipment has been made.

No Breach for Non-Infringement. Notwithstanding anything to the contrary contained in this License Agreement, it shall not be a breach of this License Agreement, nor shall it give rise to any royalty payment or other obligations under this License Agreement, for Licensee to manufacture, sell, import or otherwise dispose of a Licensed Product, where such manufacture, sale, importation or other disposal does not infringe any claim of an issued and unexpired Licensed Patent that has not been held unenforceable, un-patentable or invalid by a decision of a court or governmental agency of competent jurisdiction, where no appeal against such decision is possible. Except in cases where a Shipment is an Exempt Shipment, or where all issued and unexpired Licensed Patents subsisting for the locations between which the Shipment has been made have been held unenforceable, un-patentable or invalid by a decision of a court or governmental agency of competent jurisdiction, where no appeal against such decision is possible, Licensee may not fail to make royalty payments or to comply with its other obligations under this License Agreement based on this Section 14.1 of this License Agreement with respect to such Shipment without first providing Licensing Company with an analysis by a licensed patent attorney demonstrating that the manufacture, sale, importation or other disposal with respect to such Shipment does not infringe any Licensed Patent subsisting for the locations between which such Shipment has been made.

No Breach for Non-Infringement. Notwithstanding anything to the contrary contained in this License Agreement, it shall not be a breach of this License Agreement, nor shall it give rise to any royalty payment or other obligations under this License Agreement, for a Licensee Party to manufacture, sell, import or otherwise dispose of a Licensed ProductLabel-Required Product not bearing the Product Label, where such manufacture, sale, importation or other disposal does not infringe any claim of an issued and unexpired Licensed Patent that has not been held unenforceable, un-un- patentable or invalid by a decision of a court or governmental agency of competent jurisdiction, where no appeal against such decision is possible. Except in cases where a Shipment is an Exempt Shipment, or where all issued and unexpired Licensed Patents subsisting for the locations between which the Shipment has been made have been held unenforceable, un-un- patentable or invalid by a decision of a court or governmental agency of competent jurisdiction, where no appeal against such decision is possible, Licensee may not fail to make royalty payments or to comply with its other obligations under this License Agreement based on this Section 14.1 16.1 of this License Agreement with respect to such Shipment without first providing Licensing Company with an analysis by a licensed patent attorney demonstrating that the manufacture, sale, importation or other disposal with respect to such Shipment does not infringe any Licensed Patent subsisting for the locations between which such Shipment has been made.