Common use of Owner’s License with Respect to SRSG Technology Clause in Contracts

Owner’s License with Respect to SRSG Technology. Vendor has obtained from its SRSG subcontractor a non-exclusive, perpetual, royalty-free, non-revocable, transferable (only to any of Owner, EPC Contractor, subsequent owner or operator of the Plant (as such term is defined in the SRSG Subcontract) and lenders to the Project (as such term is defined in the SRSG Subcontract) and provided that the scope of such transferee’s use does not exceed the licensed use granted by the SRSG subcontractor to the Vendor) license (with the right to sublicense to any of Owner, EPC Contractor, subsequent owner or operator of the Plant, and lenders to the Project) to use, copy, duplicate, reproduce, reverse engineer, modify, or have modified (collectively, “Use”), and solely in the case of a Release Condition (as such term is defined in the SRSG Subcontract), the further right to manufacture and complete, the SRSG and related documentation supplied by such subcontractor (the “SRSG Subcontractor Technology”) and all of such subcontractor’s intellectual property that is incorporated into the SRSG Subcontractor Technology (the “SRSG Subcontractor IP”) all solely for the purpose of designing the balance of the plant with respect to the Plant and installing, testing, commissioning, start-up, using, owning, operating, repairing, replacing or restoring after a casualty loss and maintaining the SRSG. Vendor hereby grants to Owner a non-exclusive, perpetual, royalty-free, non-revocable, transferable (only to any of Owner, EPC Contractor, subsequent owner or operator of the Plant and lenders to the Project and provided that the scope of such transferee’s use does not exceed the licensed use granted by the SRSG subcontractor to the Vendor) sublicense (with the right to further sublicense to any of Owner, EPC Contractor, subsequent owner or operator of the Plant, and lenders to the Project) to Use, and solely in the case of a Release Condition, to further manufacture and complete, the SRSG Subcontractor Technology and SRSG Subcontractor IP to the full extent of Vendor’s license therein, all solely in connection with the Owner designing the balance of the plant with respect to the Plant and installing, testing, commissioning, start-up, using, owning, operating, repairing, replacing or restoring after a casualty loss and maintaining the SRSG. Owner shall not derive, acquire or develop any Intellectual Property from the SRSG Subcontractor Technology or SRSG Subcontractor IP or information provided by Vendor to Owner relating thereto and Owner shall keep such information confidential pursuant to Article 6. Vendor shall cause Owner to be included as a beneficiary under that certain escrow agreement between the SRSG Subcontractor and Vendor so that Owner has the right to access to the Manufacturing File (as such term is defined in the SRSG Subcontract) under the terms set forth therein. For the avoidance of doubt, Vendor expressly agrees to Owner’s sublicense of the SRSG Subcontractor Technology and SRSG Subcontractor IP to the EPC Contractor under the ECC, MSC and CPC for the purposes of the EPC Contractor performing its Work thereunder (as such term is defined therein).