Common use of Right to use Third Party IPR Clause in Contracts

Right to use Third Party IPR. (a) Unless agreed otherwise by the parties in Schedule 3, if a party proposes to use Third Party IPR in its performance of the Project (the Proposing Party), and the Proposing Party is aware that such use may restrict the other party's exercise of their rights to IPR in the Results, the Proposing Party must procure for the other party a licence to Use the Third Party IPR, on the same terms as clause 10.3(a). (b) If the Proposing Party cannot obtain the licence as described in clause 10.4(a) (including because the Third Party IPR is only licenced on standard terms or because an individual license is required), the Proposing Party must: (i) notify the other party of the best alternative licence terms for that Third Party IPR and not use that Third Party IPR unless the other party approves those terms; and (ii) if the other party does not approve the terms under clause 10.4(b)(i), notify the other party of any comparable Third Party IPR and comply with its obligations under this clause 10.4 in respect of such comparable Third Party IPR.

Right to use Third Party IPR. ‌ (a) Unless agreed otherwise by the parties in Schedule 3the Project Plan, if a party proposes to use Third Party IPR in its performance of the Project (the Proposing Party), and the Proposing Party is aware that such use may restrict the other another party's exercise of their rights to IPR in the ResultsProject IP, the Proposing Party must procure must:‌ (i) notify the other party; and (ii) not use the Third Party IPR unless it grants or procures (as required) for the each other party a licence to Use the Third Party IPR, on the same terms as clause 10.3(a9.2(a). (b) If the Proposing Party cannot obtain the licence licences as described in clause 10.4(a9.3(a) (including because the Third Party IPR is only licenced on standard terms or because an individual license is licenses are required), the Proposing Party must: (i) notify the other party Governance Committee of the best alternative licence terms for that Third Party IPR and not use that Third Party IPR unless the other party Governance Committee approves those terms; andand‌ (ii) if the other party Governance Committee does not approve the terms under clause 10.4(b)(i9.3(b)(i), notify the other party Governance Committee of any comparable Third Party IPR (if available) and comply with its obligations under this clause 10.4 9.3 in respect of such comparable Third Party IPR.

Right to use Third Party IPR. ‌ (a) Unless agreed otherwise by the parties in Schedule 3, if a party proposes to use Third Party IPR in its performance of the Project (the Proposing Party), and the Proposing Party is aware that such use may restrict the other party's exercise of their rights to IPR in the ResultsProject IP, the Proposing Party must procure must:‌ (i) notify the other party; and (ii) not use the Third Party IPR unless it grants or procures (as required) for the other party a licence to Use the Third Party IPR, on the same terms as clause 10.2(a) or 10.3(a), as relevant. (b) If the Proposing Party cannot obtain the licence as described in clause 10.4(a) (including because the Third Party IPR is only licenced on standard terms or because an individual license is required), the Proposing Party must: (i) notify the other party of the best alternative licence terms for that Third Party IPR and not use that Third Party IPR unless the other party approves those terms; andand‌ (ii) if the other party does not approve the terms under clause 10.4(b)(i), notify the other party of any comparable Third Party IPR (if available) and comply with its obligations under this clause 10.4 in respect of such comparable Third Party IPR.

Right to use Third Party IPR. (a) Unless agreed otherwise by the parties in Schedule 3the Project Plan, if a party proposes to use Third Party IPR in its performance of the Project (the Proposing Party), and the Proposing Party is aware that such use may restrict the other another party's exercise of their rights to IPR in the Results, the Proposing Party must procure for the each other party a licence to Use the Third Party IPR, on the same terms as clause 10.3(a9.2(a). (b) If the Proposing Party cannot obtain the licence licences as described in clause 10.4(a9.3(a) (including because the Third Party IPR is only licenced on standard terms or because an individual license is licenses are required), the Proposing Party must: (i) notify the other party Governance Committee of the best alternative licence terms for that Third Party IPR and not use that Third Party IPR unless the other party Governance Committee approves those terms; and (ii) if the other party Governance Committee does not approve the terms under clause 10.4(b)(i9.3(b)(i), notify the other party Governance Committee of any comparable Third Party IPR and comply with its obligations under this clause 10.4 9.3 in respect of such comparable Third Party IPR.