Common use of Unserved and/or Under-served Field of License Clause in Contracts

Unserved and/or Under-served Field of License. a. Licensor acknowledges that Licensee will market the Licensed Product in stages across various geographic locations, subject to product, manufacturing and distribution availability and support; as such, all determinations made pursuant to this Article 8.4 as to whether an area is unserved or under-served shall be made within this context. At any time after the first anniversary of the date of Licensor's delivery of the First Prototype to Licensee, should Licensor determine that some geographic area or areas of application specified in Article 1.10 of this Agreement within the Field of License are not being served or are being under-served by Licensee, Licensor may notify Licensee in writing of such determination. For purposes of this Article 8.4, a geographic area or areas of application specified in Article 1.10 of this Agreement within the Field of Use will be deemed unserved or under-served if Licensee is not fulfilling its best efforts responsibilities under Article 7.2.1