Common use of Opportunity Clause in Contracts

Opportunity. If during the Term, or within six (6) months thereafter, Employee develops or conceives of any invention, discovery, improvement, device, design, apparatus, practice, process, method or product of any kind or nature whatsoever, whether patentable or not (collectively, an "Opportunity"), Employee shall as promptly thereafter as practicable disclose the Opportunity to the Company in writing and in reasonable detail. Within 10 business days following its receipt of Employee's disclosure (before and during which time Employee shall not disclose the Opportunity to any other person or entity), the Company shall notify Employee whether the Company believes that the Opportunity constitutes a Development. If the Company informs Employee that the Opportunity is not a Development or fails to respond within ten business days to Employee's disclosure, Employee shall thereafter be free to exploit or pursue the Opportunity in a manner determined by Employee in Employee's sole discretion, but in no event shall Employee do so in violation or derogation of Employee's other obligations under this Agreement. If the Company notifies Employee that the Opportunity is a Development and Employee disagrees with that conclusion, the parties' dispute shall be resolved as provided in Section 7, below, provided that until such dispute is fully and finally resolved Employee shall not disclose the Opportunity to any other person or entity, or take any action intended to exploit, further or profit in any way from the Opportunity, or assist any other person in doing so.

Opportunity. If during the Term, or within six (6) months thereafter, Employee develops or conceives of any invention, discovery, improvement, device, design, apparatus, practice, process, method or product of any kind or nature whatsoever, whether patentable or not (collectively, an "Opportunity"), Employee shall as promptly thereafter as practicable disclose the Opportunity to the Company in writing and in reasonable detail. Within 10 ten (10) business days following its receipt of Employee's disclosure (before and during which time Employee shall not disclose the Opportunity to any other person or entity), the Company shall notify Employee whether the Company believes that the Opportunity constitutes a Development. If the Company informs Employee that the Opportunity is not a Development or fails to respond within ten business days to Employee's disclosure, Employee shall thereafter be free to exploit or pursue the Opportunity in a manner determined by Employee in Employee's sole discretion, but in no event shall Employee do so in violation or derogation of Employee's other obligations under this Agreement. If the Company notifies Employee that the Opportunity is a Development and Employee disagrees with that conclusion, the parties' dispute shall be resolved as provided in Section 78, below, provided that until such dispute is fully and finally resolved Employee shall not disclose the Opportunity to any other person or entity, or take any action intended to exploit, further or profit in any way from the Opportunity, or assist any other person in doing so.