Common use of Additional Party Clause in Contracts

Additional Party. The preamble of the R&D Agreement shall be amended to include Opto-Device as a party to the R&D Agreement as amended by this Amendment and all references to “OpNext Japan” in the R&D Agreement shall be deemed to refer to both OpNext Japan and Opto-Device. For the avoidance of doubt, with respect to ownership of “OpNext Japan R&D IP” and “Jointly Developed Intellectual Property,” references to “OpNext Japan” shall be deemed to refer to OpNext Japan if OpNext Japan funded the development of such intellectual property or to Opto-Device if Opto-Device funded the development of such intellectual property. Where the R&D Agreement refers to the “parties” to the R&D Agreement, such term shall be interpreted as the context so requires (for instance, in certain provisions, such as those relating to expenses, the “parties” shall be deemed to refer to (i) Hitachi and OpNext Japan or (ii) Hitachi and Opto-Device).