Mutual Covenant Not to Sue. Xxch of Cadence and each and every member of the Cadence Group and Tality and each and every member of the Tality Group covenants and agrees that it shall not Assert any Covered Patent owned by it against the other Party, or the members of the other Party's Group or their customers (direct or indirect), distributors (direct or indirect), agents (direct or indirect) and contractors (direct or indirect) based on an allegation that the manufacture, use, import, offer for sale or sale of the products of the other Party (or member of its Group) technologies or services that existed on the date hereof, including any enhanced or new versions or any successor products, technologies or services that do not have substantial additional functionality or features, by the other Party or member of its Group, or any process or method employed in the manufacture, testing, distribution or use thereof by the other Party or any member of its Group, constitutes an infringement, contributory infringement of, or an inducement to infringe, any such Covered Patents owned by it. This covenant not to sue xxxll survive any termination of this Agreement and shall remain in full force and effect until mutually agreed otherwise by the Parties. For the purposes hereof, (i) "Assert" means to bring an action of any nature before any legal, judicial, arbitration, administrative, executive or other type of body or tribunal that has or claims to have authority to adjudicate such action in whole or in part (examples of such body or tribunal including, without limitation, United States State and Federal Courts, the United States International Trade Commission and any foreign counterparts of any of the foregoing); and (ii) "Covered Patents" means any Patent owned by a Party or member of its Group with an effective filing date prior to the fifth anniversary of the date of this Agreement.
Mutual Covenant Not to Sue. Each party agrees not to bring, to cause its Affiliates under xxs control not to bring, and to prohibit any sublicensee from bringing, any infringement suits, actions or proceedings against another party, its Affiliates or its sublicensees with respect to any patents owned by or licensed (with the right to bring infringement suits) to the first party or its Affiliates that are related to the subject matter of the Intellimold IP or Intellimold Enhancements in the event that any Use of the Intellimold IP or Intellimold Enhancements by another party, its Affiliates or sublicensees as permitted by this Agreement, infringes or appears to infringe any such patents. Each party further agrees to impose, and to cause its Affiliates to impose, this covenant on any third party to which such patents may be assigned.
Mutual Covenant Not to Sue. Each party agrees not to bring, to cause its Affiliates unxxx its control not to bring, and to prohibit any sublicensee from bringing, any infringement suits, actions or proceedings against any other party, its Affiliates or its sublicensees with respect to any patents owned by or licensed (with the right to bring infringement suits) to the first party or its Affiliates that are related to the subject matter of the Licensed-Back IP in the event that any Use of the Licensed-Back IP by another party, its Affiliates or sublicensees as permitted by this Agreement, infringes or appears to infringe any such patents. Each party further agrees to impose, and to cause its Affiliates to impose, this covenant on any third party to which such patents may be assigned.
Mutual Covenant Not to Sue a. To the fullest extent permitted by law, at no time subsequent to the execution of this agreement will you or the Company pursue, or cause or knowingly permit the prosecution, in any state, federal or foreign court, or before any local, state, federal or foreign administrative agency, or any other tribunal, any charge, claim or action of any kind, nature and character whatsoever, known or unknown, which you may now have, have ever had, or may in the future have against Releases, or which the Company may now have, have ever had, or may in the future have against you, which is based in whole or in part on any matter covered by this agreement.
Mutual Covenant Not to Sue a. To the fullest extent permitted by law, at no time subsequent to the execution of this Agreement will you or the Company pursue, or cause or knowingly permit the prosecution, in any state, federal or foreign court, or before any local, state, federal or foreign administrative agency, or any other tribunal, of any charge, claim or action of any kind, nature and character whatsoever, known or unknown, which you may now have, have ever had, or may in the future have against Releasees, or which the Company may have against you, which is based in whole or in part on any matter released by this Agreement.
Mutual Covenant Not to Sue. Director promises and covenant that he will not file any lxxxuit against the Company based upon any claim covered under the foregoing release.Except for acts or omissions by Director which constitute gross negligence, reckless and/or unlawful or illegal activity, or breach of this Agreement, the Company promises and covenants that it will not file any lawsuit against the Director based upon any claim covered under the foregoing release
Mutual Covenant Not to Sue. As of the Closing, the Parties hereby irrevocably and unconditionally covenant not to sue, xx bring, prosecute, assist or participate in any judicial, administrative or other action or proceeding of any kind against (i) the other Party, or any Affiliate of the other Party, on account of the NSI Intellectual Property Rights or NSI Products or (ii) any reseller or customer of the other Party or its Affiliates but only with respect to such reseller's or customer's selling or distributing (not Making, having Made, or using) products based on the NSI Intellectual Property Rights or the NSI Products.
Mutual Covenant Not to Sue l. To the fullest extent permitted by law, at no time subsequent to the execution of this Second Release will Employee or the Company, respectively, pursue, or cause or knowingly permit the prosecution, in any state, federal or foreign court, or before any local, state, federal or foreign administrative agency, or any other tribunal, of any charge, claim or action of any kind, nature and character whatsoever, known or unknown, (i) which Employee may now have, have ever had, or may in the future have against Releasees, or the Company may now have, have ever had, or may in the future have against Employee, and (ii) which is based in whole or in part on any matter released by this Second Release.
Mutual Covenant Not to Sue. (a) Dunne covenantx xnd agrees not xx xile or initiate a lawsuit against any of the Released Parties in regard to any claims, demands, causes of action, suits, damages, losses and expenses, arising from acts or omissions of the Company occurring on or before the Effective Date, and Dunne will ask no other person xx xntity to initiate such a lawsuit on his behalf. If Dunne breaches this covenant axx xxreement, the remaining payments and benefits, if any, to be paid to Dunne under Sections 2, 3, 4, xxx 0 shall immediately terminate, and Dunne shall indemnify and hold xxxxless the Company and any of the Released Parties from any and all costs incurred by any and all of them, including their reasonable attorneys' fees, in defending against such lawsuit.
Mutual Covenant Not to Sue. To the extent permitted by law, you specifically agree not to commence any legal action against any of the Company Released Parties arising out of or in connection with the Released Claims. To the extent permitted by law, you expressly agree that if you commence such an action in violation of this Agreement, you shall indemnify the Company Released Parties for the full and complete costs of defending such an action and enforcing this Agreement, including reasonable attorneys' fees (whether incurred in a third party action or in an action to enforce this Agreement), court costs, and other related expenses. You further agree that, to the extent permitted by law, if you commence such an action despite the provisions of this Agreement, you shall be obligated to return to the Company the full amount of all sums paid to you, or on your behalf, pursuant to paragraphs 3 and 5. To the extent permitted by law, the Company specifically agrees not to commence any legal action against you arising out of or in connection with the Released Claims. To the extent permitted by law, the Company expressly agrees that if the Company commences such an action in violation of this Agreement, the Company shall indemnify you for the full and complete costs of defending such an action and enforcing this Agreement, including reasonable attorneys' fees (whether incurred in a third party action or in an action to enforce this Agreement), court costs, and other related expenses.
