OpNext Japan definition
Examples of OpNext Japan in a sentence
If such negotiations do not result within thirty (30) days from written notice of either party indicating that a dispute exists (a “Dispute Notice”) in a resolution of the dispute, OpNext Japan shall nominate one (1) corporate officer of the rank of vice president or higher and Hitachi shall nominate one (1) corporate officer of the rank of Board Director or higher, which corporate officers shall meet in person and attempt in good faith to negotiate a resolution to the dispute.
In the event the breach is a curable breach that cannot be cured within the Cure Period but with respect to which OpNext Japan has instituted steps necessary to remedy the default and is thereafter diligently pursuing such cure, both parties shall negotiate to determine whether further pursuit of such cure is reasonable.
Prior to the commencement of any R&D Project, Hitachi shall disclose to OpNext Japan any restrictions contained in the Existing R&D Agreements related to such R&D Project.
In the event that OpNext Japan elects to exercise option (ii) or (iii), the parties agree to negotiate in good faith and on reasonable terms to resolve the situation within a reasonable amount of time, which shall not exceed fifteen (15) Business Days of OpNext Japan’s provision of such a response.
With respect to HCT’s exercise of one (1) of the five (5) foregoing options, HCT agrees to provide consents to and/or notify OpNext Japan of HCT’s proposed modifications within fifteen (15) Business Days of receipt of the sublicense terms and conditions from OpNext Japan.
The rights referred to above will be provided to OpNext Japan on a fully paid-up, non-exclusive basis, except if royalty payments are necessary based specifically on what is being done by OpNext Japan, then OpNext Japan shall be liable for such royalty payments.
Within one hundred and eighty (180) days from the Closing Date, Hitachi and Opto-Device shall mutually agree upon the procedures to be adopted for conducting new product release searches and the parties will consider whether the procedures previously agreed to with respect to OpNext Japan could be adopted for OptoDevice.
Such a list may be amended from time to time to include Future Third Party License Agreements that may be material to the Business, as determined by Hitachi and OpNext Japan after reviewing the rights available under such Future Third Party License Agreements.
In addition, within one hundred and eighty (180) days after the Second Closing Date, Hitachi shall cooperate with OpNext Japan in creating a list of all Existing Third Party License Agreements that are material to the Business.
With respect to third party patent and copyright infringement claims and trade secret misappropriation claims regarding products, processes or methods related to the Business as it was conducted prior to the Second Closing, Hitachi shall defend and indemnify OpNext Japan regardless of the timing of such third party’s infringement claim; provided, however, that such infringement is not attributable to any OpNext Japan IP.