Specified Entity Assertion of Schedule D Omitted Claims. The Parties acknowledge that, because Schedule D Patent Family Members do not include Schedule D Omitted Claims, a Suit by the Specified Entity or its Affiliates in which only Schedule D Omitted Claims are *** - indicates material omitted pursuant to a confidential treatment request and filed separately with the Securities and Exchange Commission. asserted does not constitute a Specified Entity Suit hereunder, and does not give rise to Nikon’s or its Subsidiaries’ right to bring a Nikon Defensive Suit pursuant to Section 2.8.5(a). The Parties further acknowledge that it may be difficult to determine whether a Patent claim asserted in a Suit by the Specified Entity and/or its Affiliates is a Schedule D Omitted Claim. Accordingly, if the Specified Entity and/or its Affiliates assert any claim of any Schedule D Patent and/or any Patent claiming priority from a Schedule D Patent and/or any Patent from which a Schedule D Patent claims priority against Nikon and/or its Subsidiaries (a “SCHEDULE D SUIT”), and Nikon and/or its Subsidiaries subsequently Xxx the Specified Entity and/or its Affiliates under Excluded Nikon Patents (a “SCHEDULE D RESPONSE”), such Schedule D Response by Nikon and/or its Subsidiaries shall not be grounds for a Full Rights Termination pursuant to Section 2.8.4. Instead, (A) if a Party believes that the Schedule D Suit is partly or solely based on Schedule D Omitted Claims, such Party shall notify the other Party of such belief, and if the Parties disagree as to whether such Schedule D Suit is partly or solely based on Schedule D Omitted Claims, the Parties shall resolve such dispute under the Arbitration Agreement including, if applicable, which of the Patent claims asserted in such Schedule D Suit are Schedule D Omitted Claims, and (B) if it is determined in such arbitration procedure that all or some of the Patent claims asserted in the Schedule D Suit are Schedule D Omitted Claims, the consequences shall be as set forth in the following subclauses (i) and (ii) of this Section 2.8.5.
Specified Entity Assertion of Schedule D Omitted Claims. The Parties acknowledge that, because Schedule D Patent Family Members do not include Schedule D Omitted Claims, a Suit by the Specified Entity or its Affiliates in which only Schedule D Omitted Claims are asserted does not constitute a Specified Entity Suit hereunder, and does not give rise to Nikon's or its Subsidiaries' right to bring a Nikon Defensive Suit pursuant to Section 2.8.5(a). The Parties further acknowledge that it may be difficult to determine whether a Patent claim asserted in a Suit by the Specified Entity and/or its Affiliates is a Schedule D Omitted
