Review of Obligations. The obligations set forth in this Section 2 shall expire on the tenth (10th) anniversary of the Closing Date; provided, however, that the license under Assigned IP existing as of the tenth (10th) anniversary of the Closing Date shall continue, under reasonable terms and conditions to be agreed between the parties, until the expiration of all of such Assigned IP.
Review of Obligations. The obligations set forth in this Section 3 shall expire on the tenth (10th) anniversary of the Closing Date; provided, however, that the license under Licensed IP existing as of the tenth (10th) anniversary of the Closing Date shall continue, under reasonable terms and conditions to be agreed between the parties, until the expiration of all of such Licensed IP. Notwithstanding the foregoing, if one (1) of the conditions set forth in Section 3(b)(ii) is met, Hitachi may elect to be completely relieved of its obligations set forth in this Section 3. If Hitachi elects to be relieved of its obligations under this Section 3, the parties shall renegotiate in good faith and on commercially reasonable terms a new license governing the Licensed 1P.
Review of Obligations. At least once during each 12 month period during the Term of this Agreement, the Representatives must:
Review of Obligations. The obligations set forth in this Section 4 shall expire on the tenth (10th) anniversary of the Closing Date; provided, however, that the license under Opto-Device IP existing as of the tenth (10th) anniversary of the Closing Date shall continue, under reasonable terms and conditions to be agreed between the parties, until the expiration of all of such Opto-Device IP. Notwithstanding the foregoing, if one (1) of the conditions set forth in Section 4(c) is met, Opto-Device may elect to be completely relieved of its obligations set forth in this Section 4. If Opto-Device elects to be relieved of its obligations under this Section 4, the parties shall renegotiate in good faith and on commercially reasonable terms a new license governing the Opto-Device IP.
Review of Obligations. The obligations set forth in this Section 2(c) shall expire on the tenth (10th) anniversary of the Second Closing Date; provided, however, that the license under OpNext Japan R&D IP existing as of the tenth (10th) anniversary of the Second Closing Date shall continue, under reasonable terms and conditions to be agreed between the parties, until the expiration of all of such OpNext Japan R&D IP. Notwithstanding the foregoing, if one (1) of the conditions set forth in Section 2(c)(ii) is met, Hitachi may elect to be completely relieved of its obligations set forth in this Section 2(c). If Hitachi elects to be relieved of its obligations under this Section 2(c), the parties shall renegotiate in good faith and on commercially reasonable terms a new license governing the OpNext Japan R&D IP.
Review of Obligations. The obligations set forth in this Section 5 shall expire on the tenth (10th) anniversary of the Second Closing Date of the Stock Purchase Agreement; provided, however, that the licenses under OpNext Japan R&D IP and Licensed Hitachi R&D IP existing as of the tenth (10th) anniversary of the Second Closing Date shall continue, under reasonable terms and conditions to be agreed between the parties, until the expiration of all of such OpNext Japan R&D IP and Licensed Hitachi R&D IP. Notwithstanding the foregoing, if one (1) of the conditions set forth in Section 5(d) is met, the non-breaching party may elect to be completely relieved of its obligations set forth in this Section 5. If a party elects to be relieved of its obligations under this Section 5(d), the parties shall renegotiate in good faith and on commercially reasonable terms a new license governing the OpNext Japan R&D IP and/or Licensed Hitachi R&D IP, as applicable.
Review of Obligations. The obligations set forth in this Section 5 with respect to Licensed Hitachi Other R&D IP (as defined below) shall expire on the tenth (10th) anniversary of the Second Closing Date of the Stock Contribution Agreement; provided, however, that the licenses under Licensed Hitachi Other R&D IP existing as of the tenth (10th) anniversary of the Second Closing Date shall continue, under reasonable terms and conditions to be agreed between the parties, until the expiration of all of such Licensed Hitachi Other R&D IP. Notwithstanding the foregoing, if one (1) of the conditions set forth in Section 5(d) is met, Hitachi may elect to be completely relieved of its obligations set forth in this Section 5 with respect to Licensed Hitachi Other R&D IP. If Hitachi elects to be relieved of its obligations under this Section 5(d), the parties shall renegotiate in good faith and on commercially reasonable terms a new license governing the Licensed Hitachi Other R&D IP. For purposes of this Section, the term “Licensed Hitachi Other R&D IP” means any Licensed Hitachi R&D IP other than Licensed Hitachi Future R&D IP. For the avoidance of doubt, the expiration or termination of Opnext Japan’s rights under this R&D Agreement with respect to Licensed Hitachi Other R&D IP will in no way affect Opnext Japan’s rights with respect to such Licensed Hitachi Other R&D IP, if any, under any other agreement to which Opnext Japan is a party.
Review of Obligations. Notwithstanding the foregoing, if any Reviewing --------------------- Party has determined (in a written opinion where Independent Legal Counsel is the Reviewing Party) that applicable law prohibits Indemnitee from being entitled to be indemnified under this Agreement, (1) OSI will have no obligation under Section 2(a) to make further payments to Indemnitee after the determination by the Reviewing Party, and (2) OSI will be entitled to be reimbursed by Indemnitee (who agrees to reimburse OSI) for all Expenses previously paid to Indemnitee to which Indemnitee is not entitled; provided, however, that if Indemnitee has commenced or thereafter commences legal proceedings in a court of competent jurisdiction to secure a determination that applicable law permits Indemnitee to be indemnified under this Agreement, the determination made by the Reviewing Party that Indemnitee is not entitled to be indemnified will not be binding and Indemnitee will not be required to reimburse OSI for any previously paid Expenses until a final judicial determination is made with respect thereto (as to which all rights of appeal have been exhausted or lapsed). Indemnitee's obligation to reimburse OSI for Expenses will be unsecured and no interest will be charged.
Review of Obligations. The obligations set forth in this Section 4 shall expire on the tenth (10th) anniversary of the Second Closing Date; provided, however, that the license under OpNext Japan IP existing as of the tenth (10th) anniversary of the Second Closing Date shall continue, under reasonable terms and conditions to be agreed between the parties, until the expiration of all of such OpNext Japan IP. Notwithstanding the foregoing, if one (1) of the conditions set forth in Section 4(b)(i) is met, OpNext Japan may elect to be completely relieved of its obligations set forth in this Section 4. If OpNext Japan elects to be relieved of its obligations under this Section 4, the parties shall renegotiate in good faith and on commercially reasonable terms a new license governing the OpNext Japan IP.
Review of Obligations. The obligations set forth in this Section 5 with respect to Licensed Hitachi Other R&D IP (as defined below) shall expire on July 31, 2011; provided, however, that the licenses under Licensed
