Severability regarding LIFT provisions. In the event that any provision regarding one or more aspects of LIFT, as applied under this Agreement, is rendered invalid, illegal, or otherwise unenforceable (“Invalidation Event”) (such provision referred to as “Invalid LIFT Provision”), the Parties shall discuss in good faith , an amendment to such Invalid LIFT Provision to conform to the implications of such Invalidation Event, consistent with all legal requirements, without materially altering the intentions of the Parties and coming as close as possible to the intended economic effect of the Invalid LIFT Provision, for a period of maximum six (6) months (unless otherwise imposed as per the Invalidation Event) (“Interim Non-Assert”); under such an Interim Non-Assert, (i) any termination of this Agreement shall be suspended and postponed until the end of such Interim Non- Assert, (ii) Sisvel agrees, and covenants the same for the Patent Owners, to refrain from, directly or indirectly, initiating, suing, or pursuing any claim arising out of or in connection with this Agreement against Licensee, Licensee Affiliates and/or their successors and assigns, in or before any court or any other governmental authority, anywhere in the world, on payment matters beyond the amount and arrangement originally intended, provided that at least the amount intended under the original arrangement is duly paid during the Interim Non- Assert, and (iii) in order to allow the Sisvel Wi-Fi 6 Patent Pool to continue operating and for the Patent Owners to maintain their economic interests unaltered during the period necessary to conclude such good faith discussions, pending an ex-tunc amendment of the Invalid LIFT Provision, the Parties agree that the effect of the Invalid LIFT Provision shall be considered temporarily maintained, provided doing so is consistent with law, until an amendment of the Invalid LIFT Provision is agreed or until the end of the Interim Non-Assert, whichever comes first. For clarity, the Parties do not intend to alter the recourses available following the Invalidation Event; in other words, any amount received during the Interim Non-Assert shall be calibrated and offset or trued up against amounts that would have been due following the amendment of the Invalid LIFT Provision (if the amendment of the Invalid LIFT Provision will be agreed on before expiration of the Interim Non-Assert), and such calibrated amount shall cover first the “oldest” Outstanding Liability and the related Licensed Products Made a...
