Common use of Significance of Non-Inclusion Clause in Contracts

Significance of Non-Inclusion. For purposes of clarification: (a) the Excluded Claims List will be deemed exemplary and will not constitute an exhaustive list of the Excluded Claims for any Excluded Lithography Technology nor will the failure to nominate a Patent claim for the list be deemed an admission that the claim is not an Excluded Claim; and (b) a Patent claim that does not appear on the Excluded Claims List will be an Excluded Claim if (and for so long as) it qualifies as an Excluded Claim pursuant to Sections 1.2.15 and 1.2.16, whether or not such Patent claim was in existence at the time of the creation of the Excluded Claims List.

Appears in 2 contracts

Samples: Patent Cross License Agreement, Patent Cross License Agreement (Asml Holding Nv)

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Significance of Non-Inclusion. For purposes of clarification: : (a) the Excluded Claims List will be deemed exemplary and will not constitute an exhaustive list of the Excluded Claims for any Excluded Lithography Technology nor will the failure to nominate a Patent claim for the list be deemed an admission that the claim is not an Excluded Claim; and and (b) a Patent claim that does not appear on the Excluded Claims List will be an Excluded Claim if (and for so long as) it qualifies as an Excluded Claim pursuant to Sections 1.2.15 1.2.17 and 1.2.161.2.18, whether or not such Patent claim was in existence at the time of the creation of the Excluded Claims List.

Appears in 1 contract

Samples: Sublicense Agreement (Asml Holding Nv)

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Significance of Non-Inclusion. For purposes of clarification: : (a) the Excluded Claims List will be deemed exemplary and will not constitute an exhaustive list of the Excluded Claims for any Excluded Lithography Technology nor will the failure to nominate a Patent claim for the list be deemed an admission that the claim is not an Excluded Claim; and and (b) a Patent claim that does not appear on the Excluded Claims List will be an Excluded Claim if (and for so long as) it qualifies as an Excluded Claim pursuant to Sections 1.2.15 and 1.2.16, whether or not such Patent claim was in existence at the time of the creation of the Excluded Claims List.

Appears in 1 contract

Samples: Patent Cross License Agreement (Asml Holding Nv)

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