Regarding Unlisted Background Sample Clauses

Regarding Unlisted Background the following shall apply: (a) In deviation to Section 9.1.2 of this PCA, if Unlisted Background includes all or part of a commercially available product of a Party or of a third party, the terms and provisions governing the access to and use of such commercially available product shall be the prevailing terms. (b) In deviation to Section 9.1.2 of this PCA, if the terms under the GA and/or this PCA regarding Access Rights to Background are in conflict with the terms of a pre-existing agreement between the owning Party and a Party or a third party, the terms and provisions of the pre-existing agreement shall be the prevailing terms. (c) Notwithstanding Section 9.1.2 of this PCA, if for Unlisted Background the grant of Access Rights under the GA and/or this PCA would require any form of consent of or compensation to a Party or a third party, such Unlisted Background is deemed to remain not listed in Attachment 1. (d) Notwithstanding Section 9.1.2 of this PCA, if Unlisted Background is or at any time becomes essential to a standard adopted by a standard setting body, the terms and provisions governing the access to such Unlisted Background via the standard shall be the prevailing terms.