Common use of Covenant Not to Sxx Clause in Contracts

Covenant Not to Sxx. Hitachi herewith covenants not to sxx Opto-Device or OpNext for infringement or misappropriation of any Intellectual Property related to the Business, throughout the world. Hitachi also covenants not to sxx any sublicensees of Opto-Device that are authorized pursuant to the terms of Section 3(c) or customers of Opto-Device or OpNext for infringement or misappropriation of any Intellectual Property related to the Business throughout the world; provided, however, covenants not to sxx customers of Opto-Device or OpNext shall be applied in accordance with the “exhaustion doctrine” such that it only extends to products or methods provided by Opto-Device or OpNext to customers and shall not extend to any portions of any systems or subsystems or any other customer’s products or methods that incorporate such products or methods provided by Opto-Device or OpNext to the extent such portions are not covered by Assigned IP, Licensed IP or Third Party License Agreements (to the extent that Hitachi has a right to sxx thereunder).

Covenant Not to Sxx. Hitachi herewith covenants not to sxx Opto-Device OpNext Japan, OpNext, Inc. or OpNext the Clarity Parties for infringement or misappropriation of any Intellectual Property related to the Business, throughout the world. Hitachi also covenants not to sxx any sublicensees of Opto-Device OpNext Japan that are authorized pursuant to the terms of Section 3(c) or customers of Opto-Device OpNext Japan or OpNext OpNext, Inc. for infringement or misappropriation of any Intellectual Property related to the Business throughout the world; provided, however, covenants not to sxx customers of Opto-Device OpNext Japan or OpNext OpNext, Inc. shall be applied in accordance with the “exhaustion doctrine” such that it only extends to products or methods provided by Opto-Device OpNext Japan or OpNext OpNext, Inc. to customers and shall not extend to any portions of any systems or subsystems or any other customer’s products or methods that incorporate such products or methods provided by Opto-Device OpNext Japan or OpNext OpNext, Inc. to the extent such portions are not covered by Assigned IP, Licensed IP or Third Party License Agreements (to the extent that Hitachi has a right to sxx thereunder).