Common use of Termination of Sublicenses Clause in Contracts

Termination of Sublicenses. If a sublicensee shall sue or counterclaim against General Instrument, Bay Networks, 3Com ox Xroadcom (each a "Vendor Author"), alleging either infringement of any copyright or patent rights, or trade secret misappropriation, in any form, whether in the data-over-cable field or otherwise, such Vendor Author may terminate such sublicensee's license to any of such Vendor Author's patents and copyrights hereunder and counterclaim based on any continued practice of any such patent or any continued violation of any such copyright. Such termination shall affect only that portion of the sublicense covering such Vendor Author's intellectual property, and such sublicense shall otherwise remain in fullforce and effect. Such termination shall be effective upon receipt by the sublicensee of written notice of termination from such Vendor Author, however, it shall not affect the right to use any Licensed Product manufactured by or for and sold or otherwise distributed by such sublicensee prior to such termination. Such Vendor Author shall promptly provide a copy of such notice to CableLabs as required in this Agreement. If any Vendor Author shall sue another Vendor Author (the "Defending Vendor Author"), alleging xxxher infringement of any copyright or patent rights, or trade secret misappropriation, in any form, whether in the data-over-cable field or otherwise, the Defending Vendor Author may terminate such other Vendor Author's license as a sublicensee under Section 2.3 to any of the Defending Vendor Author's rights and counterclaim based on any continued practice of any such rights. Such termination shall affect only that portion of the sublicense covering such Defending Vendor Author's intellectual property, and such sublicense shall otherwise remain in full force and effect. Such termination shall be effective upon receipt by such other Vendor Author of written notice of termination by the Defending Vendor Author, however, it shall not affect the right to use any Licensed Product manufactured by or for and sold or otherwise distributed by such other Vendor Author prior to such termination. The Defending Vendor Author shall promptly provide a copy of such notice to CableLabs as required in this Agreement. CableLabs will reasonably cooperate to effect any termination under this Section 8.2. CableLabs shall act only administratively and shall not be required to exercise any judgment about the merits of any such termination.

Termination of Sublicenses. If a sublicensee shall sue or counterclaim against General Instrument, Bay Networks, 3Com ox Xroadcom or Broadcom (each a "“Vendor Author"”), alleging either infringement of any copyright or patent rights, or trade secret misappropriation, in any form, whether in the data-over-cable field or otherwise, such Vendor Author may terminate such sublicensee's ’s license to any of such Vendor Author's ’s patents and copyrights hereunder and counterclaim based on any continued practice of any such patent or any continued violation of any such copyright. Such termination shall affect only that portion of the sublicense covering such Vendor Author's ’s intellectual property, and such sublicense shall otherwise remain in fullforce full force and effect. Such termination shall be effective upon receipt by the sublicensee of written notice of termination from such Vendor Author, however, it shall not affect the right to use any Licensed Product manufactured by or for and sold or otherwise distributed by such sublicensee prior to such termination. Such Vendor Author shall promptly provide a copy of such notice to CableLabs as required in this Agreement. If any Vendor Author shall sue another Vendor Author (the "“Defending Vendor Author"”), alleging xxxher either infringement of any copyright or patent rights, or trade secret misappropriation, in any form, whether in the data-over-cable field or otherwise, the Defending Vendor Author may terminate such other Vendor Author's ’s license as a sublicensee under Section 2.3 to any of the Defending Vendor Author's ’s rights and counterclaim based on any continued practice of any such rights. Such termination shall affect only that portion of the sublicense covering such Defending Vendor Author's ’s intellectual property, and such sublicense shall otherwise remain in full force and effect. Such termination shall be effective upon receipt by such other Vendor Author of written notice of termination by the Defending Vendor Author, however, it shall not affect the right to use any Licensed Product manufactured by or for and sold or otherwise distributed by such other Vendor Author prior to such termination. The Defending Vendor Author shall promptly provide a copy of such notice to CableLabs as required in this Agreement. CableLabs will reasonably cooperate to effect any termination under this Section 8.2. CableLabs shall act only administratively and shall not be required to exercise any judgment about the merits of any such termination.

Termination of Sublicenses. If a sublicensee shall sue xxx or counterclaim against General Instrument, Bay Networks, 3Com ox Xroadcom or Broadcom (each a "“Vendor Author"”), alleging either infringement of any copyright or patent rights, or trade secret misappropriation, in any form, whether in the data-over-cable field or otherwise, such Vendor Author may terminate such sublicensee's ’s license to any of such Vendor Author's ’s patents and copyrights hereunder and counterclaim based on any continued practice of any such patent or any continued violation of any such copyright. Such termination shall affect only that portion of the sublicense covering such Vendor Author's ’s intellectual property, and such sublicense shall otherwise remain in fullforce full force and effect. Such termination shall be effective upon receipt by the sublicensee of written notice of termination from such Vendor Author, however, it shall not affect the right to use any Licensed Product manufactured by or for and sold or otherwise distributed by such sublicensee prior to such termination. Such Vendor Author shall promptly provide a copy of such notice to CableLabs as required in this Agreement. If any Vendor Author shall sue xxx another Vendor Author (the "“Defending Vendor Author"”), alleging xxxher either infringement of any copyright or patent rights, or trade secret misappropriation, in any form, whether in the data-over-cable field or otherwise, the Defending Vendor Author may terminate such other Vendor Author's ’s license as a sublicensee under Section 2.3 to any of the Defending Vendor Author's ’s rights and counterclaim based on any continued practice of any such rights. Such termination shall affect only that portion of the sublicense covering such Defending Vendor Author's ’s intellectual property, and such sublicense shall otherwise remain in full force and effect. Such termination shall be effective upon receipt by such other Vendor Author of written notice of termination by the Defending Vendor Author, however, it shall not affect the right to use any Licensed Product manufactured by or for and sold or otherwise distributed by such other Vendor Author prior to such termination. The Defending Vendor Author shall promptly provide a copy of such notice to CableLabs as required in this Agreement. CableLabs will reasonably cooperate to effect any termination under this Section 8.2. CableLabs shall act only administratively and shall not be required to exercise any judgment about the merits of any such termination.