Rights of Covanta. Subject to the terms of this Agreement, and intending to be consistent with the terms and conditions of the License Agreement, during the Interim Period, the Initial Period and the Extended Period, Global hereby grants to Covanta to the extent now or hereafter held by Global during the term of this Agreement (the “Covanta Rights”): (a) The exclusive right in Territory A (subject to the rights of Licensor with respect to Carve-Out Projects) and the non-exclusive right in Territory B to use, practice and make Improvements to the Technology for Projects using Household Waste; except that Licensor shall retain the right to develop Carve-Out Projects within Territory A as set forth in Section 2.2; Execution Copy 5 (b) The exclusive right in Territory A and Territory B to use, practice and make Improvements to the Technology in connection with Projects using Contracted Waste; (c) The exclusive right in the applicable areas of Territory A to use, practice and make Improvements to the Technology in connection with Projects using Radial Biomass; (d) The non-exclusive right in Territory A and Territory B to use, practice and make Improvements to the Technology in connection with Projects using Commercial Waste; and (e) To sell Systems to Governmental Organizations as is permitted by Section 2.5 of the License Agreement. Global expressly agrees that it shall not do anything in connection with the Technology, during the term of the License Agreement, which is inconsistent with any of the exclusive rights granted by Licensor to Covanta as part of the Covanta Rights regardless of whether such rights have been or will be granted to Global by Licensor. For the avoidance of doubt, Covanta shall be entitled to exercise any or all of the license rights granted to it in the Technology itself or through any of its Affiliates, but Covanta shall not have the right to issue sublicenses to any Person other than an Affiliate.
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Samples: Business and Royalty Agreement (Global Energy Inc), Business and Royalty Agreement (Global Energy Inc), Business and Royalty Agreement (Global Energy Inc)
Rights of Covanta. Subject to the terms of this Agreement, and intending to be consistent with the terms and conditions of the License Agreement, during the Interim Period, the Initial Period and the Extended Period, Global hereby grants the following rights to Covanta to the extent now or hereafter held by Global during the term of this Agreement (the “Covanta Rights”):
): (ai) The the exclusive right to market, offer for sale and sell Systems for use in Territory A, the exclusive right to market, offer for sale and sell Systems to Governmental Organizations for use outside Territory A and the right to sell Systems to Global or any of its Affiliates for projects outside of the Territory owned by Global, any of its Affiliates or any entity in which Global or any of its Affiliates holds an ownership interest; (ii) the exclusive right to use, practice and make improvements to the Technology (including the Systems and Parts) in Territory A (subject to the rights right of Licensor with respect Global to develop Carve-Out ProjectsProjects in Territory A as provided for in Section 2.2 and the rights granted to Renewable by Covanta to develop projects in Territory A); (iii) and the non-exclusive right in Territory B to use, practice and make Improvements to the Technology for Projects using Household Waste; except that Licensor shall retain (including the right to develop Carve-Out Projects within Territory A as set forth in Section 2.2; Execution Copy 5
(bSystems and Parts) The exclusive right in Territory A and Territory B to use, practice and make Improvements to the Technology in connection with Projects using Contracted Waste;
Feedstock; and (civ) The exclusive the right in the applicable areas of Territory A to use, practice manufacture or have manufactured and make Improvements to the Technology in connection with Projects using Radial Biomass;
(d) The non-exclusive right in Territory A and Territory B to use, practice and make Improvements to the Technology in connection with Projects using Commercial Waste; and
(e) To sell Systems to Governmental Organizations as is permitted contemplated by Section 2.5 the terms of the License Manufacturing Agreement. Global expressly agrees that it shall not do anything in connection with the Technology, during the term of the License Agreement or the term of the Manufacturing Agreement, as the case may be, which is inconsistent with (i) any of the exclusive rights granted by Licensor to Covanta as part of the Covanta Rights pursuant to the License Agreement regardless of whether such rights have been or will be granted to Global by LicensorLicensor or (ii) the manufacturing rights granted by AK to Covanta pursuant to the Manufacturing Agreement regardless of whether such rights have been or will be granted to Global by AK. For the avoidance of doubt, Covanta shall be entitled to exercise any or all of the license rights and manufacturing rights granted to it in the Technology itself or through any of its Affiliates, but Covanta shall not have the right to issue sublicenses to any Person other than an AffiliateAffiliate or American, Global or their respective Affiliates.”
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Rights of Covanta. Subject to the terms of this Agreement, and intending to be consistent with the terms and conditions of the License Agreement, during the Interim Period, the Initial Period and the Extended Period, Global hereby grants the following rights to Covanta to the extent now or hereafter held by Global during the term of this Agreement (the “Covanta Rights”):
): (ai) The the exclusive right to market, offer for sale and sell Systems for use in Territory A, the exclusive right to market, offer for sale and sell Systems to Governmental Organizations for use outside Territory A and the right to sell Systems to Global or any of its Affiliates for projects outside of the Territory owned by Global, any of its Affiliates or any entity in which Global or any of its Affiliates holds an ownership interest; (ii) the exclusive right to use, practice and make improvements to the Technology (including the Systems and Parts) in Territory A (subject to the rights of Licensor with respect granted to Carve-Out ProjectsRenewable by Covanta to develop projects in Territory A); (iii) and the non-exclusive right in Territory B to use, practice and make Improvements to the Technology for Projects using Household Waste; except that Licensor shall retain (including the right to develop Carve-Out Projects within Territory A as set forth in Section 2.2; Execution Copy 5
(bSystems and Parts) The exclusive right in Territory A and Territory B to use, practice and make Improvements to the Technology in connection with Projects using Contracted Waste;
Feedstock; and (civ) The exclusive the right in the applicable areas of Territory A to use, practice manufacture or have manufactured and make Improvements to the Technology in connection with Projects using Radial Biomass;
(d) The non-exclusive right in Territory A and Territory B to use, practice and make Improvements to the Technology in connection with Projects using Commercial Waste; and
(e) To sell Systems to Governmental Organizations as is permitted contemplated by Section 2.5 the terms of the License Manufacturing Agreement. Global expressly agrees that it shall not do anything in connection with the Technology, during the term of the License Agreement or the term of the Manufacturing Agreement, as the case may be, which is inconsistent with (i) any of the exclusive rights granted by Licensor to Covanta as part of the Covanta Rights pursuant to the License Agreement regardless of whether such rights have been or will be granted to Global by LicensorLicensor or (ii) the manufacturing rights granted by AK to Covanta pursuant to the Manufacturing Agreement regardless of whether such rights have been or will be granted to Global by AK. For the avoidance of doubt, Covanta shall be entitled to exercise any or all of the license rights and manufacturing rights granted to it in the Technology itself or through any of its Affiliates, but Covanta shall not have the right to issue sublicenses to any Person other than an AffiliateAffiliate or American, Global or their respective Affiliates.
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