Common use of Pre-CDP Workshop Clause in Contracts

Pre-CDP Workshop. Immediately after the Effective Date of this Agreement, Intermolecular, Toshiba and SanDisk shall set up a technical workshop in a manner and schedule to be agreed by the parties for informing Toshiba and SanDisk of the Technology which are described in Exhibits C and D attached hereto. Exhibits C and D are to be provided to Toshiba and SanDisk on the Effective Date. Promptly but no later than [*] days following such technical workshop, the Operating Committee will determine which items will be listed on Exhibit H (which shall be the Intermolecular Background IP for the CDP). The parties confirm and agree that items not initially included in Exhibit H (but listed in Exhibit C or D) may at any time prior to the licensing election described in Section 4.2.2, upon Toshiba’s and SanDisk’s approval, be added to and included in Exhibit H. In addition, at any time prior to the licensing election described in Section 4.2.2, Exhibit H may be updated in accordance with Section 1.26(iv).