Common use of Disposition of Intellectual Property Clause in Contracts

Disposition of Intellectual Property. In the event EEI with the express written consent of EMI markets to Non-Affiliates Intellectual Property heretofore or hereafter developed or otherwise acquired by EMI for its own use, and such Intellectual Property is actually used by EMI, all profits derived by EEI from such marketing transactions shall be divided equally by EMI and EEI, after deducting all of EEI's incremental costs associated with making the Intellectual Property available for sale, including the cost of marketing such Intellectual Property; provided, however, that in the event any Intellectual Property developed or otherwise acquired by EMI for its own use is not actually so used, and is subsequently marketed by EEI to Non-Affiliates, EEI shall fully reimburse EMI for all of its costs incurred to develop or otherwise acquire such Intellectual Property before any profits derived from its marketing of such Intellectual Property shall be so divided.

Disposition of Intellectual Property. In the event EEI with the express written consent of EMI EGS markets to Non-Affiliates Intellectual Property heretofore or hereafter developed or otherwise acquired by EMI EGS for its own use, and such Intellectual Property is actually used by EMIEGS, all profits derived by EEI from such marketing transactions shall be divided equally by EMI EGS and EEI, after deducting all of EEI's incremental costs associated with making the Intellectual Property available for sale, including the cost of marketing such Intellectual Property; provided, however, that in the event any Intellectual Property developed or otherwise acquired by EMI EGS for its own use is not actually so used, and is subsequently marketed by EEI to Non-Affiliates, EEI shall fully reimburse EMI EGS for all of its costs incurred to develop or otherwise acquire such Intellectual Property before any profits derived from its marketing of such Intellectual Property shall be so divided.

Disposition of Intellectual Property. In the event EEI with the express written consent of EMI EAI markets to Non-Affiliates Intellectual Property heretofore or hereafter developed or otherwise acquired by EMI EAI for its own use, and such Intellectual Property is actually used by EMIEAI, all profits derived by EEI from such marketing transactions shall be divided equally by EMI EAI and EEI, after deducting all of EEI's incremental costs associated with making the Intellectual Property available for sale, including the cost of marketing such Intellectual Property; provided, however, that in the event any Intellectual Property developed or otherwise acquired by EMI EAI for its own use is not actually so used, and is subsequently marketed by EEI to Non-Affiliates, EEI shall fully reimburse EMI EAI for all of its costs incurred to develop or otherwise acquire such Intellectual Property before any profits derived from its marketing of such Intellectual Property shall be so divided.

Disposition of Intellectual Property. In the event EEI with the express written consent of EMI ENO markets to Non-Affiliates Intellectual Property heretofore or hereafter developed or otherwise acquired by EMI ENO for its own use, and such Intellectual Property is actually used by EMIENO, all profits derived by EEI from such marketing transactions shall be divided equally by EMI ENO and EEI, after deducting all of EEI's incremental costs associated with making the Intellectual Property available for sale, including the cost of marketing such Intellectual Property; provided, however, that in the event any Intellectual Property developed or otherwise acquired by EMI ENO for its own use is not actually so used, and is subsequently marketed by EEI to Non-Affiliates, EEI shall fully reimburse EMI ENO for all of its costs incurred to develop or otherwise acquire such Intellectual Property before any profits derived from its marketing of such Intellectual Property shall be so divided.

Disposition of Intellectual Property. In the event EEI with the express written consent of EMI XXX markets to Non-Affiliates Intellectual Property heretofore or hereafter developed or otherwise acquired by EMI XXX for its own use, and such Intellectual Property is actually used by EMIXXX, all profits derived by EEI from such marketing transactions shall be divided equally by EMI XXX and EEI, after deducting all of EEI's incremental costs associated with making the Intellectual Property available for sale, including the cost of marketing such Intellectual Property; provided, however, that in the event any Intellectual Property developed or otherwise acquired by EMI XXX for its own use is not actually so used, and is subsequently marketed by EEI to Non-Affiliates, EEI shall fully reimburse EMI XXX for all of its costs incurred to develop or otherwise acquire such Intellectual Property before any profits derived from its marketing of such Intellectual Property shall be so divided.