Use of Third Party Technology Clause Samples
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Use of Third Party Technology. In cases where ThinKom licenses third party technology which is incorporated into the Shipsets, ThinKom will use its best efforts to enable Gogo and its customers to use such rights subject to Gogo or its customer agreeing to pay the same royalty fee or license to any third parties for use of their intellectual property integrated into the Shipsets that ThinKom was paying to such third party. Gogo shall pay the third party such applicable royalty/fee under terms and conditions that are at least as good as ThinKom’s.
Use of Third Party Technology. In cases where ThinKom licenses third party technology which is incorporated into the Shipsets, ThinKom shall enable Gogo and its customers to use such rights subject to Gogo or its customer agreeing to pay the same royalty fee or license to any third parties for use of their intellectual property integrated into the Shipsets that ThinKom was paying to such third party. Gogo shall pay the third party such applicable royalty/fee under terms and conditions that are at least as good as ThinKom’s. ThinKom shall use its best efforts to identify any use of Third Party Technology in the Product Shipset and communicate the presence of any such Third Party Technology to Gogo on or before the PDR date defined in Schedule 2 (“Milestones”) of this Exhibit. As detailed in Paragraph 16e, ThinKom believes the modem used in the MODMAN includes third party software and ThinKom does not warrant the function of this software.
Use of Third Party Technology. Genmab may deduct [***] of Third Party Payments paid in respect of sales of [***] Products in the [***] Territory from the royalties due to Medarex pursuant to Section 6.5, provided, however that in any given calendar quarter such deductions shall not exceed more than [***] of the [***] Net Sales for such calendar quarter. Any Third Party Payments that have not been deducted in a given calendar quarter may be deducted from amounts due in subsequent calendar quarters, subject to the limitation set forth in the previous sentence.
Use of Third Party Technology. Nothing in this Section 5.5 is intended to prevent a licensee from using the Program Technology licensed to such licensee by SPE with Third Party technology outside the Field and the Extended Field.
Use of Third Party Technology. Certain Products involve the use of third party technology, the use and/or resale of which is subject to such third parties’ license and resale terms. These Additional Resale Terms found on an Online Portal, are incorporated into and made part of this Reseller Agreement as applicable to certain Products. By accepting this Agreement, you agree to comply with all applicable Additional Resale Terms.
Use of Third Party Technology. By accepting the terms of this Agreement, Reseller acknowledges and agrees that it shall comply with the third party terms and conditions.
Use of Third Party Technology. Neither Party shall have any obligation to use any Patent Rights (other than the Licensed Patent Rights, Joint Patent Rights or DS Patent Rights) in connection with the Development or Commercialization of any Collaboration Compound or Licensed Product, and each Party hereby agrees that, except as provided in the Global Development Plan or as agreed to between the Parties following a proposal submitted in accordance with this Section 6.5, it shall not use any Technology owned or controlled by a Third Party (“Third Party Development Technology”) in the Development and/or Commercialization of any Collaboration Compound or Licensed Product if the other Party would thereby be required to pay a royalty or other compensation to the Third Party holder of rights to that Technology in connection therewith. Either Party may at any time during the Term submit to the other Party and to the JEC a proposal to license Third Party Development Technology that such party reasonably believes would be necessary or useful in order to Develop or Commercialize any Collaboration Compound or Licensed Product. Such proposal shall contain, at a minimum, information supporting the rationale for such license from a scientific, regulatory and commercial standpoint, an estimated Development critical path and a good faith estimate of the cost of such license. Any decision with respect to the license of any such Third Party Development Technology shall be made by DS. If DS determines that a license to such Third Party Development Technology should be obtained, unless otherwise agreed by the Parties, DS shall be responsible for negotiating and executing such license agreement and DS shall be solely responsible for the consideration payable in such license agreement with respect to the license of such Third party Development Technology.
Use of Third Party Technology