Common use of Return of Rights Clause in Contracts

Return of Rights. If Licensee fails to begin to develop specific plans for applications for particular Crops, uses or territories subject to this Addendum within three years of the Addendum Effective Date, Demegen may propose a specific plan for such and bring to Licensee a suitable party ready, willing and able to implement such plan. If Licensee does not reach an agreement with such party for the particular Crop(s) involved, or develop and initiate a suitable alternative plan for development internally or with another party, then Demegen may request that Licensee's rights to Licensed Patents and Demegen Technology in said area(s) be returned to Demegen so as to permit Demegen to pursue said plan. Licensee shall not unreasonably refuse to return said rights to Demegen, provided, however, that Licensee will retain a non exclusive license to Licensed Patents and Licensed Technology in said area(s) unless the parties negotiate otherwise. As long as Licensee is not in breach of any material term of this agreement, it will not be compelled under this Article IX to turn over to Demegen any of Licensee's rights in Joint Inventions without compensation. If the parties are unable to agree on the application of this provision with respect to a particular Crop application, or the terms of a license for such application, then the matter will be submitted to arbitration in accordance with the provisions of Paragraph J of Article XVIII of the Agreement.

Return of Rights. If Licensee fails to begin to develop specific plans for applications for particular Crops, uses or territories subject to this Addendum Agreement within three years of the Addendum Effective DateDate of this Agreement, Demegen Demeter may propose a specific plan for such and bring to Licensee a suitable party ready, willing and able to implement such plan. If Licensee does not reach an agreement with such party for the particular Crop(s) involved, or develop and initiate a suitable alternative plan for development internally or with another party, then Demegen Demeter may request that Licensee's rights to Licensed Patents and Demegen Demeter Technology in said area(s) be returned to Demegen Demeter so as to permit Demegen Demeter to pursue said plan. Licensee shall not unreasonably refuse to return said rights to DemegenDemeter, provided, however, that Licensee will retain a non exclusive license to Licensed Patents and Licensed Technology in said area(s) unless the parties negotiate otherwise. As long as Licensee is not in breach of any material term of this agreement, it will not be compelled under this Article IX to turn over to Demegen Demeter any of Licensee's rights in Joint Inventions without compensation. If the parties are unable to agree on the application of this provision with respect to a particular Crop application, or the terms of a license for such application, then the matter will be submitted to arbitration in accordance with the provisions of Paragraph J of Article XVIII of the AgreementXVIII.