Common use of ECD/OBC Non-Assertion Clause in Contracts

ECD/OBC Non-Assertion. Each of ECD and OBC agrees that with respect to any intellectual property right, including any United States patent which, on the date of this Agreement, it owns or under which it has the right to grant licenses of the scope of the licenses granted in the Technology Agreement, or any intellectual property right, including any United States patent which may later issue on an application for patent, which was filed during the term of the Technology Agreement, it owns or under which it has the right to grant licenses of the scope of the license granted in the Technology Agreement, it will not assert against the Company, or its vendees, mediate or immediate, any claims for infringement based on the manufacture, use, or sale of any apparatus made or sold by the Company within the Battery Business. Signatures on following page AMENDED AND RESTATED OPERATING AGREEMENT COBASYS LLC

ECD/OBC Non-Assertion. Each of ECD and OBC agrees that with --------------------- respect to any intellectual property right, including any United States patent which, on the date of this Agreement, it owns or under which it has the right to grant licenses of the scope of the licenses granted in the Technology Agreement, or any intellectual property right, including any United States patent which may later issue on an application for patent, which was filed during the term of the Technology Agreement, it owns or under which it has the right to grant licenses of the scope of the license granted in the Technology Agreement, it will not assert against the Company, or its vendees, mediate or immediate, any claims for infringement based on the manufacture, use, or sale of any apparatus made or sold by the Company within the Battery Business. Signatures on following page AMENDED AND RESTATED OPERATING AGREEMENT COBASYS LLC