Common use of ADDITIONAL OBLIGATIONS WITH REGARD TO ASSIGNED PATENTS Clause in Contracts

ADDITIONAL OBLIGATIONS WITH REGARD TO ASSIGNED PATENTS. (a) The parties will cooperate to effect a smooth transfer of the responsibility for prosecution, maintenance and enforcement of the Assigned Patents from HP to Agilent. Until such transfer has been effected, HP agrees to continue the prosecution and maintenance of, and ongoing litigation (if any) with respect to, the Assigned Patents (including payment of maintenance fees), and to maintain its files and records relating to the Assigned Patents using the same standard of care and diligence that it uses with respect to the HP Patents. Agilent will reimburse HP for all actual and reasonable expenses (excluding the value of the time of HP employees) to continue to prosecute and maintain the Assigned Patents after the Separation Date until the transfer of responsibility for the Assigned Patents has been completed and to continue any such ongoing litigation. The parties shall agree on a case by case basis on compensation, if any, of HP for the value of time of HP's employees as reasonably required in connection with any such litigation. HP will provide Agilent with the originals or copies of its files relating to the Assigned Patents upon such transfer or at such earlier time as the parties may agree.

ADDITIONAL OBLIGATIONS WITH REGARD TO ASSIGNED PATENTS. (a) The parties will cooperate to effect a smooth transfer of the responsibility for prosecution, maintenance and enforcement of the Assigned Patents from HP MRV to AgilentLuminent. Until such transfer has been effected, HP MRV agrees to continue the prosecution and maintenance of, and ongoing litigation (if any) with respect to, the Assigned Patents (including payment of maintenance fees), and to maintain its files and records relating to the Assigned Patents using the same standard of care and diligence that it uses with respect to the HP MRV's Patents. Agilent Luminent will reimburse HP MRV for all actual and reasonable expenses (excluding the value of the time of HP MRV employees) to continue to prosecute and maintain the Assigned Patents after the Separation Date until the transfer of responsibility for the Assigned Patents has been completed and to continue any such ongoing litigation. The parties shall agree on a case by case basis on compensation, if any, of HP MRV for the value of time of HPMRV's employees as reasonably required in connection with any such litigation. HP MRV will provide Agilent Luminent with the originals or copies of its files relating to the Assigned Patents upon such transfer or at such earlier time as the parties may agree.

ADDITIONAL OBLIGATIONS WITH REGARD TO ASSIGNED PATENTS. (a) The parties will cooperate to effect a smooth transfer of the responsibility for prosecution, maintenance and enforcement of the Assigned Patents from HP MRV to AgilentOptical Access. Until such transfer has been effected, HP MRV agrees to continue the prosecution and maintenance of, and ongoing litigation (if any) with respect to, to the Assigned Patents (including payment of maintenance fees), and to maintain its files and records relating to the Assigned Patents using the same standard of care and diligence that it uses with respect to the HP MRV's Patents. Agilent Optical Access will reimburse HP MRV for all actual and reasonable expenses (excluding the value of the time of HP MRV employees) to continue to prosecute and maintain the Assigned Patents after the Separation Date until the transfer of responsibility for the Assigned Patents has been completed and to continue any such ongoing litigation. The parties shall agree on a case by case basis on compensation, if any, of HP MRV for the value of time of HPMRV's employees as reasonably required in connection with any such litigation. HP MRV will provide Agilent Optical Access with the originals or copies of its files relating to the Assigned Patents upon such transfer or at such earlier time as the parties may agree.

ADDITIONAL OBLIGATIONS WITH REGARD TO ASSIGNED PATENTS. (a) The parties will cooperate to effect a smooth transfer of the responsibility for prosecution, maintenance and enforcement of the Assigned Patents from HP MRV to AgilentLuminent. Until such transfer has been effected, HP MRV agrees to continue the prosecution and maintenance of, and ongoing litigation (if any) with respect to, to the Assigned Patents (including payment of maintenance fees), and to maintain its files and records relating to the Assigned Patents using the same standard of care and diligence that it uses with respect to the HP MRV's Patents. Agilent Luminent will reimburse HP MRV for all actual and reasonable expenses (excluding the value of the time of HP MRV employees) to continue to prosecute and maintain the Assigned Patents after the Separation Date until the transfer of responsibility for the Assigned Patents has been completed and to continue any such ongoing litigation. The parties shall agree on a case by case basis on compensation, if any, of HP MRV for the value of time of HPMRV's employees as reasonably required in connection with any such litigation. HP MRV will provide Agilent Luminent with the originals or copies of its files relating to the Assigned Patents upon such transfer or at such earlier time as the parties may agree.