Common use of Responsibility for Excluded Patents Clause in Contracts

Responsibility for Excluded Patents. With respect to the Excluded Patents, JDSU shall, in its sole discretion, pay all fees incurred and respond to all office actions due prior to and subsequent to the Effective Date. Lumentum shall forward to JDSU copies of all patent office correspondence received by Lumentum and copies of all patent attorney and agent correspondence received by Lumentum related to the Excluded Patents for one hundred and eighty (180) days after the Distribution Date. Lumentum shall retain in accordance with Lumentum’s retention policy for Lumentum patents, any hard-copy records related to the Excluded Patents (“JDSU Patent Records”) in Lumentum’s possession on the Effective Date, and Lumentum shall provide JDSU with timely access to the JDSU Patent Records during normal business hours upon JDSU’s reasonable request. The foregoing notwithstanding, in no case shall Lumentum’s obligation to retain any JDSU Patent Records extend beyond ten (10) years from the Effective Date. The provisions in this Section 2.2(c) recite the only responsibilities of Lumentum for the Excluded Patents after the Effective Date.