Rights Upon Termination by Either Party Clause Samples

Rights Upon Termination by Either Party. In the event of termination of the Agreement by either party pursuant to Section 8.3: (a) RBM may, at RBM’s option, sell Luminex 100 Systems and Developed Products existing in its inventory as of the effective date of termination of this Agreement (provided that the applicable Testing Services Royalties and Developed Kit Royalties are paid to LUMINEX pursuant to Section 4.7); and (b) in addition to the provisions in Section 8.7, the provisions of Sections 3.1 (immunity from suit), 2.3 (Restrictions on RBM), 2.4 (Restrictions on LUMINEX), 4.2 (Orders), 4.7 (Pricing and Royalties), 4.8 (Conflicts of Interest), 4.10 (Reporting and Payment), and 4.11 (Taxes) shall survive but only during the period during which RBM has a continuing right to sell Developed Products and/or Luminex 100 Systems pursuant to subparagraph 8.8(a) above.