License in the DIRECT FUEL BLENDING field (up to a Certain Volume) Clause Samples

License in the DIRECT FUEL BLENDING field (up to a Certain Volume). Subject to royalty payments (if any) set forth in Section 3(a) and the TECHNOLOGY FEES (if any) set forth in Section 3(c) and other terms and conditions of this LICENSE AGREEMENT, BUTAMAX hereby grants (with respect to any volume of BIOBUTANOL permitted to be offered to sell, sold, imported or exported by GEVO directly under this Section 2(a)(ii)) or will grant (with respect to any volume of BIOBUTANOL required to be offered to sell, sold, imported or exported through BUTAMAX under this Section 2(a)(ii))) to GEVO a non-exclusive, world-wide, non-transferable (except as set forth in Section 10(a)) license under the BUTAMAX PATENTS (with no right to sublicense (except as set forth in Section 2(a)(vi))), during the BUTAMAX PATENT TERM: (A) to make, have made, use, import and export GEVO’s BIOCATALYSTS solely for the production of BIOBUTANOL using only the GEVO SEPARATION TECHNOLOGY (solely in accordance with the immediately following clause (B)), for sale within the DIRECT FUEL BLENDING field (solely in LEGAL_US_W # 82848909.3 2 accordance with the following clause (C)), (B) to make and have made such BIOBUTANOL solely in accordance with the immediately preceding clause (A) and to use such BIOBUTANOL within the DIRECT FUEL BLENDING field, and (C) to offer to sell, sell, import and export such BIOBUTANOL within the DIRECT FUEL BLENDING field; provided that GEVO’s rights under this Section 2(a)(ii) shall be subject to the following: