Common use of Release From Past Infringement Clause in Contracts

Release From Past Infringement. XOMA releases DIVERSA from any claims, demands, and rights of action arising out of and/or based upon any act or omission committed by DIVERSA prior to the Effective Date, including without limitation claims of infringement under the XOMA Patent Rights (the "Release"), and XOMA releases those Third Parties identified upon Schedule 2.8 (i) from any claims, demands, and rights of action arising out of and based upon any infringement of the XOMA Patent Rights (the "Third Party Release"); provided, however, that the Release and Third Party Release provided for in this Section 2.8 shall extend only to claims, demands or rights of action existing as of the Effective Date and which arose solely out of those activities specified in Schedule 2.8(ii). Nothing in this Section 2.8 shall be deemed to be a release of any claim, demand or right of action XOMA may now or in the future have against [*] or any of their collaborators (except, in the case of any such collaborator that is also a collaborator of DIVERSA, to the extent such collaborator's activities with DIVERSA are directly and exclusively within the scope of the Third Party Release). The Release and the Third Party Release shall become irrevocable only upon receipt by XOMA of payment in full by DIVERSA of all of the amounts set forth in Section 5.1 and shall be revoked in their entirety and null and void ab initio, immediately and without further action of the parties, in the event any such amount is not received by XOMA on or prior to the date for payment thereof as set forth in Section 5.1, regardless of any payment received thereafter.

Release From Past Infringement. XOMA releases DIVERSA DYAX from any claims, demands, and rights of action arising out of and/or based upon any act or omission committed by DIVERSA DYAX prior to the Effective DateDate of the Original Agreement, including including, without limitation limitation, claims of infringement under the XOMA Patent Rights (the "“Release"), ”) and XOMA releases those Third Parties identified upon Schedule 2.8 (i2.9(i) from any claims, demands, and rights of action arising out of and based upon any infringement of the XOMA Patent Rights (the "“Third Party Release"); ”): provided, however, that the Release and Third Party Release provided for in this Section 2.8 2.9 shall extend only to claims, demands or rights of action existing as of the Effective Date of the Original Agreement and which arose solely out of those activities specified in Schedule 2.8(ii2.9(ii). Nothing in this Section 2.8 2.9 shall be deemed to be a release of any claim, demand or right of action XOMA may now or in the future have against [*] or any other entity or person engaged in a Commercial Antibody Phage Display Business or any of their collaborators (except, in the case of any such collaborator that is also a collaborator of DIVERSADYAX, to the extent such collaborator's ’s activities with DIVERSA DYAX are directly and exclusively within the scope of the Third Party Release). The Release and the Third Party Release shall become irrevocable only upon receipt by XOMA of payment in full by DIVERSA DYAX of all installments of the amounts set forth in Section 5.1 4.1 and shall be revoked in their entirety and null and void ab initio, immediately and without further action of the parties, in the event any installment of such amount amounts is not received by XOMA on or prior to the fifteenth day following written notice to DYAX from XOMA of DYAX’s breach in the payment of the full amount of such installment on or prior to the payment date for payment thereof such installment as set forth in Section 5.14.1, regardless of any payment received thereafter.

Release From Past Infringement. XOMA releases DIVERSA DYAX from any claims, demands, and rights of action arising out of and/or based upon any act or omission committed by DIVERSA DYAX prior to the Effective Date, including including, without limitation limitation, claims of infringement under the XOMA Patent Rights (the "Release"), and XOMA releases those Third Parties identified upon Schedule 2.82.9 (i) from any claims, demands, and rights of action arising out of and based upon any infringement of the XOMA Patent Rights (the "Third Party Release"); provided, however, that the Release and Third Party Release provided for in this Section 2.8 2.9 shall extend only to claims, demands or rights of action existing as of the Effective Date and which arose solely out of those activities specified in Schedule 2.8(ii2.9(ii). Nothing in this Section 2.8 2.9 shall be deemed to be a release of any claim, demand or right of action XOMA may now or in the future have against [*] or any of their collaborators (except, in the case of any such collaborator that is also a collaborator of DIVERSADYAX, to the extent such collaborator's activities with DIVERSA DYAX are directly and exclusively within the scope of the Third Party Release). The Release and the Third Party Release shall become irrevocable only upon receipt by XOMA of payment in full by DIVERSA DYAX of all installments of the amounts set forth in Section 5.1 4.1 and shall be revoked in their entirety and null and void ab initio, immediately and without further action of the parties, in the event any installment of such amount amounts is not received by XOMA on or prior to the fifteenth day following written notice to DYAX from XOMA of DYAX's breach in the payment of the full amount of such installment on or prior to the payment date for payment thereof such installment as set forth in Section 5.14.1, regardless of any payment received thereafter.

Release From Past Infringement. XOMA releases DIVERSA from any claims, demands, and rights of action arising out of and/or based upon any act or omission committed by DIVERSA prior to the Effective Date, including without limitation claims of infringement under the XOMA Patent Rights (the "“Release"”), and XOMA releases those Third Parties identified upon Schedule 2.8 (i2.8(i) from any claims, demands, and rights of action arising out of and based upon any infringement of the XOMA Patent Rights (the "“Third Party Release"”); provided, however, that the Release and Third Party Release provided for in this Section 2.8 shall extend only to claims, demands or rights of action existing as of the Effective Date and which arose solely out of those activities specified in Schedule 2.8(ii). Nothing in this Section 2.8 shall be deemed to be a release of any claim, demand or right of action XOMA may now or in the future have against [...***...] or any of their collaborators (except, in the case of any such collaborator that is also a collaborator of DIVERSA, to the extent such collaborator's ’s activities with DIVERSA are directly and exclusively within the scope of the Third Party Release). The Release and the Third Party Release shall become irrevocable only upon receipt by XOMA of payment in full by DIVERSA of all of the amounts set forth in Section 5.1 and shall be revoked in their entirety and null and void ab initio, immediately and without further action of the parties, in the event any such amount is not received by XOMA on or prior to the date for payment thereof as set forth in Section 5.1, regardless of any payment received thereafter.

Release From Past Infringement. XOMA releases DIVERSA DYAX from any claims, demands, and rights of action arising out of and/or based upon any act or omission committed by DIVERSA DYAX prior to the Effective Date, including including, without limitation limitation, claims of infringement under the XOMA Patent Rights (the "ReleaseRELEASE"), and XOMA releases those Third Parties identified upon Schedule 2.8 (iSCHEDULE 2.9(i) from any claims, demands, and rights of action arising out of and based upon any infringement of the XOMA Patent Rights (the "Third Party ReleaseTHIRD PARTY RELEASE"); providedPROVIDED, howeverHOWEVER, that the Release and Third Party Release provided for in this Section 2.8 2.9 shall extend only to claims, demands or rights of action existing as of the Effective Date and which arose solely out of those activities specified in Schedule 2.8(iiSCHEDULE 2.9(ii). Nothing in this Section 2.8 2.9 shall be deemed to be a release of any claim, demand or right of action XOMA may now or in the future have against [*****] or any of their collaborators (except, in the case of any such collaborator that is also a collaborator of DIVERSADYAX, to the extent such collaborator's activities with DIVERSA DYAX are directly and exclusively within the scope of the Third Party Release). The Release and the Third Party Release shall become irrevocable only upon receipt by XOMA of payment in full by DIVERSA DYAX of all installments of the amounts set forth in Section 5.1 4.1 and shall be revoked in their entirety and null and void ab initioAB INITIO, immediately and without further action of the parties, in the event any installment of such amount amounts is not received by XOMA on or prior to the fifteenth day following written notice to DYAX from XOMA of DYAX's breach in the payment of the full amount of such installment on or prior to the payment date for payment thereof such installment as set forth in Section 5.14.1, regardless of any payment received thereafter.