Common use of Non-Assertion Clause in Contracts

Non-Assertion. In addition to any licenses granted by CHEMOURS FC and CHEMOURS TT under Section 2.2(a), CHEMOURS FC hereby agrees not to assert (and shall cause its Affiliates not to assert) any (i) Patent that is associated with any Chemours Fluoroelastomer Products in the DuPont “OneIP” database as of the Effective Date or (ii) Chemours Fluoroelastomer Products Know-How that is used in connection with any DuPont Perfluorinated Elastomers as of the Effective Date, in each case with respect to: (i) DuPont or any of its Affiliates making, having made, using, selling, offering to sell or importing DuPont Perfluorinated Elastomers (on any scale) which DuPont or any of its Affiliates is making, having made, using, selling, offering to sell or importing on a commercial scale as of the Effective Date (and substantial equivalent DuPont Perfluorinated Elastomers thereof) in the same or substantially equivalent process as done as of the Effective Date; or (ii) any licensee or sublicensee (each of the foregoing, as in effect as of the Effective Date) (including any customer or customer’s customers of DuPont or any of its Affiliates or such authorized licensee or sublicensee) of DuPont or any of its Affiliates making, having made, using, selling, offering to sell or importing DuPont Perfluorinated Elastomers (on any scale) which such licensee or sublicensee is making, having made, using, selling, offering to sell or importing on a commercial scale as of the Effective Date (and substantial equivalent DuPont Perfluorinated Elastomers thereof) in the same or substantially equivalent process as authorized by DuPont or any of its Affiliates and as practiced as of the Effective Date.

Non-Assertion. In addition to any licenses granted by CHEMOURS FC and CHEMOURS TT DuPont under Section 2.2(a2.1(a), CHEMOURS FC DuPont hereby agrees not to assert (and shall cause its Affiliates not to assert) any (i) Patent that is associated with any Chemours Fluoroelastomer Products the DuPont Perfluorinated Elastomers in the DuPont “OneIP” database as of the Effective Date or (ii) Chemours Fluoroelastomer Products DuPont Perfluorinated Elastomers Know-How that is used in connection with any DuPont Perfluorinated Elastomers Chemours Fluoroelastomer Products as of the Effective Date, in each case with respect to: (i) DuPont CHEMOURS FC or any of its Affiliates making, having made, using, selling, offering to sell or importing DuPont Perfluorinated Elastomers Chemours Fluoroelastomer Products (on any scale) which DuPont CHEMOURS FC or any of its Affiliates is making, having made, using, selling, offering to sell or importing on a commercial scale as of the Effective Date (and substantial equivalent DuPont Perfluorinated Elastomers Chemours Fluoroelastomer Products thereof) in the same or substantially equivalent process as done as of the Effective Date; or (ii) any licensee or sublicensee (each of the foregoing, as in effect as of the Effective Date) (including any customer or customer’s customers of DuPont CHEMOURS FC or any of its Affiliates or such authorized licensee or sublicensee) of DuPont CHEMOURS FC or any of its Affiliates making, having made, using, selling, offering to sell or importing DuPont Perfluorinated Elastomers Chemours Fluoroelastomer Products (on any scale) which such licensee or sublicensee is making, having made, using, selling, offering to sell or importing on a commercial scale as of the Effective Date (and substantial equivalent DuPont Perfluorinated Elastomers Chemours Fluoroelastomer Products thereof) in the same or substantially equivalent process as authorized by DuPont CHEMOURS FC or any of its Affiliates and as practiced as of the Effective Date; provided, however, that the foregoing non-assert shall not apply to anything in the Excluded Products and Fields.