Common use of Covenant Not to Assert Clause in Contracts

Covenant Not to Assert. Each Participant, on behalf of itself and each of its Affiliates who are such at any time during such Participant’s membership or participation in the Corporation (each Participant and each such Affiliate being referred to herein individually as “Party” and collectively as “Parties”) irrevocably covenants that it will not enforce or seek to enforce any of its Covered Patent Rights (as defined below) against any implementation of any OpenSFS Alliance Release (i) to which the Party contributes, (ii) in the development of which the Party participates, or (iii) which is created or released while the Party is a Participant in the Corporation.