Termination for Infringement. Open-Silicon may, upon written notice to Customer, suspend its obligations under an SOW in respect of certain Products where Open-Silicon reasonably believes, after good faith discussions with Customer, that a third party suit or action brought against Open-Silicon and/or Customer alleging that the design, manufacture, or sale of such Products violates the intellectual property rights of the third party has merits. A suspension under this Section 9.2 that continues for more than nine (9) months shall be deemed a termination of the SOW for such Products.
Appears in 2 contracts
Sources: Asic Design and Production Agreement (Netlist Inc), Asic Design and Production Agreement (Netlist Inc)
Termination for Infringement. Open-Silicon may, upon written notice to Customer, suspend its obligations under an SOW in respect of certain Products where Open-Silicon reasonably believes, after good faith discussions with Customer, that a third party suit or action brought against Open-Silicon and/or Customer alleging that the design, manufacture, or sale of such Products violates the intellectual property rights of the third party has merits. A suspension under this Section 9.2 that continues for more than nine (9) months [***] shall be deemed a termination of the SOW for such Products.
Appears in 1 contract