Third Party Developers. All Technology developed by a third party (including any current or former employee of the Company or any Subsidiary) for the Company or any Subsidiary: (i) was developed pursuant to a written agreement with such third party covering such Technology; and (ii) the Company and the Subsidiary, pursuant to such agreement, have either: (x) obtained sole ownership of, and the sole right to enforce, all Intellectual Property Rights arising therefrom; or (y) obtained a valid and unrestricted right to exploit all Intellectual Property Rights relating thereto.
Appears in 2 contracts
Sources: Merger Agreement (McKesson Corp), Merger Agreement (D & K Healthcare Resources Inc)