Intermolecular Clause Samples
Intermolecular. Intermolecular agrees to provide [*] Intermolecular FTEs and use of its Workflow Infrastructure for Intermolecular to perform the specified activities at Intermolecular facilities under the Development Plan. The fees to support these resources are set forth in Section 5. In return for the services to be performed by Intermolecular and for the Workflow Infrastructure provided by Intermolecular for use in the CDP, Toshiba and SanDisk agree to pay the fees as set forth in Sections 5.1 and 5.2 in accordance with the terms of this Agreement.
Intermolecular. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT FOR INTERMOLECULAR’S OBLIGATIONS UNDER SECTIONS 6 AND 9.4 OF THIS AGREEMENT, A BREACH BY INTERMOLECULAR OF ITS CONFIDENTIALITY OBLIGATIONS UNDER SECTION 8, OR A BREACH OF ANY LICENSE RESTRICTIONS APPLICABLE TO INTERMOLECULAR: (I) UNDER NO CIRCUMSTANCES WILL INTERMOLECULAR BE LIABLE TO ANY PARTY UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING UNDER CONTRACT, STRICT LIABILITY OR OTHERWISE, FOR ANY LOST PROFITS, LOST DATA, LOST BUSINESS OPPORTUNITY, INJURY TO BUSINESS REPUTATION OR EQUIPMENT DOWNTIME, OR FOR ANY CONSEQUENTIAL, PUNITIVE INCIDENTAL, INDIRECT OR SPECIAL DAMAGES OF ANY KIND IN CONNECTION WITH THE SUBJECT MATTER OF THIS AGREEMENT, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND (II) IN NO EVENT WILL INTERMOLECULAR’S AGGREGATE LIABILITY TO ANY PARTY EXCEED THE GREATER OF (A) US$20 MILLION, AND (B) CUMULATIVE AMOUNTS PAID OR PAYABLE BY TOSHIBA AND SANDISK (OR BY THIRD PARTIES BASED ON LICENSES MADE PURSUANT TO THIS AGREEMENT) TO INTERMOLECULAR IN THE TWENTY-FOUR (24) MONTHS PRECEDING THE CLAIM. Intermolecular Confidential
Intermolecular. (a) Intermolecular shall solely own all right, title, and interest in and to the [***], except to the extent Intermolecular passes on Filing Request(s) during the Draft and Micron becomes the Selecting Party pursuant to Section 11 below. (b) Intermolecular shall not assign or license any right, title or interest in or to the [***] [***] to any [***] for use in relation to the field of [***], except with the prior written consent of Micron in Micron's sole discretion. Intermolecular may license the [***] to [***] for use solely outside the field of [***] [***] and may license the [***] to any other entity for use solely outside the [***]. Intermolecular shall comply with Section 6.13 above with respect to any permitted license in or to the [***].
Intermolecular. (a) Intermolecular shall solely own all right, title, and interest in and to the [***], except to the extent Intermolecular passes on Filing Request(s) during the Draft and Micron becomes the Selecting Party pursuant to Section 11 below.
(b) Intermolecular shall not assign or license any right, title or interest in or to the [***] [***] to any [***] for use in relation to the field of [***], except with the prior written consent of Micron in Micron's sole discretion. Intermolecular may license the [***] to [***] for use solely outside the field of [***] [***] and may license the [***] to any other entity for use solely outside the [***]. Intermolecular shall comply with Section 6.13 above with respect to any permitted license in or to the [***].
(c) Intermolecular reserves all rights not expressly granted to Micron herein. Except as may be expressly set forth in this Agreement, this Agreement does not, and shall not be deemed to, whether by implication, estoppel, operation of law or otherwise, assign, grant or otherwise transfer to Micron or any other entity any right, title, interest, license or any other privilege in or to any Intellectual Property or Trademark Rights of Intermolecular.