Common use of Have Reproduced Clause in Contracts

Have Reproduced. Toshiba shall have the right to provide the Licensed Engine Product to in third party manufactures of Combined Engine Components or Combined Engine Products (each a "Submanufacturer"), provided that each Submanufacturer shall agree in a signed writing to be bound by the applicable restrictions on Toshiba set forth in this Agreement with respect to the Licensed Engine Product, which include but is not limited to the agreement to use and copy the Licensed Engine Product solely to create Combined Engine Components or Combined Engine Products only for Toshiba and to keep the Licensed Engine Product confidential according to the applicable terms of this Agreement. Toshiba shall provide the name of such Submanufacturer to Wink promptly upon contracting with such Submanufacturer regarding services concerning the Licensed Engine Product. Upon request of Wink, Toshiba shall promptly provide to Wink a copy of such signed writing with each Submanufacturer, and Toshiba shall ensure that each Submanufacturer abides by such restrictions. Toshiba agrees to indemnify, defend and hold Wink harmless from and against any loss, cost, liability or expense (including Wink's reasonable attorneys' fees) arising out of or related to a breach of the foregoing provisions by Submanufacturers. Toshiba shall promptly notify Wink if Toshiba knows or believes that a Submanufacturer has breached the provisions of this Section.

Appears in 2 contracts

Samples: Wink Engine License Agreement (Wink Communications Inc), Wink Engine License Agreement (Wink Communications Inc)

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Have Reproduced. Toshiba shall have the right to provide the Licensed Engine Product WAS Technology to in its third party manufactures manufacturers of Combined Engine Components or Combined Engine Broadcast Server Products (each a "Submanufacturer"), provided that each Submanufacturer shall agree in a signed writing to be bound by the applicable restrictions instructions on Toshiba set forth in this Agreement with respect to the Licensed Engine ProductWAS Technology, which include but is not limited to the agreement to use and copy the Licensed Engine Product WAS Technology solely to create Combined Engine Components or Combined Engine Broadcast Server Products and only for Toshiba and to keep the Licensed Engine Product WAS Technology confidential according to the applicable terms of this Agreement. Toshiba shall provide the name of such Submanufacturer to Wink promptly upon contracting with such Submanufacturer regarding services concerning the Licensed Engine ProductWAS Technology . Upon request of Wink, Toshiba promptly shall promptly provide to Wink a copy of such signed writing with each Submanufacturer, and Toshiba shall ensure that each Submanufacturer abides by such restrictions. Toshiba agrees to indemnify, defend and hold Wink harmless from and against any loss, cost, liability or expense (including Wink's reasonable attorneys' fees) arising out of or related to a breach of the foregoing provisions by Submanufacturers. Toshiba shall promptly notify Wink if Toshiba knows or believes that a Submanufacturer has breached the provisions of this SectionSection 3.2.

Appears in 2 contracts

Samples: Wink Application Server License Agreement (Wink Communications Inc), Wink Application Server License Agreement (Wink Communications Inc)

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Have Reproduced. Toshiba shall have the right to provide the Licensed Engine Product WOS Technology to in its third party manufactures manufacturers of Combined Engine Components or Combined Engine Online Server Products (each a "Submanufacturer"), provided that each Submanufacturer shall agree in a signed writing to be bound by the applicable restrictions instructions on Toshiba set forth in this Agreement with respect to the Licensed Engine ProductWOS Technology, which include but is not limited to the agreement to use and copy the Licensed Engine Product WOS Technology solely to create Combined Engine Components or Combined Engine Online Server Products and only for Toshiba and to keep the Licensed Engine Product WOS Technology confidential according to the applicable terms of this Agreement. Toshiba shall provide the name of such Submanufacturer to Wink promptly upon contracting with such Submanufacturer regarding services concerning the Licensed Engine Product. Upon request of Wink, Toshiba promptly shall promptly provide to Wink a copy of such signed writing with each Submanufacturer, and Toshiba shall ensure that each its Submanufacturer abides by such restrictions. Toshiba agrees to indemnify, defend and hold Wink harmless from and against any loss, cost, liability or expense (including Wink's reasonable attorneys' fees) arising out of or related to a breach of the foregoing provisions by Submanufacturers. Toshiba shall promptly notify Wink if Toshiba knows or believes that a Submanufacturer has breached the provisions of this SectionSection 3.2.

Appears in 1 contract

Samples: License Agreement (Wink Communications Inc)

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