CDP Field definition
Examples of CDP Field in a sentence
Such [*], and [*] applicable to this Section 4.2.1(B) shall be separately accounted from [*], and [*] applicable within the CDP Field.
Any of the parties may propose to the other parties from time to time to change the Development Plan, provided the change is within the CDP Field.
Subject to the terms and conditions set forth herein, Toshiba, SanDisk and Intermolecular will conduct this Collaborative Development Program in accordance with the Development Plan within the scope of the CDP Field.
ATMI Independent Technology and Intellectual Property Rights related to ATMI’s products in the CDP Field, as further set forth in the Development Plan.
Where ATMI has been granted and maintains an exclusive license, or where ATMI owns the Alliance Technology, ATMI shall have the initial right, but not the obligation, to take reasonable legal action to enforce rights contained that license against commercially material infringements that involve the manufacture, use, sale, offer for sale or import of Products in the CDP Field for such CDP.
This license will be royalty free for use of the infringing Alliance Technology outside the CDP Field for continued internal research and development purposes by IM, and fee-bearing at rates or revenue share percentages to be agreed for commercialization licenses of infringing Alliance Technology outside the CDP Field.
ATMI acknowledges and agrees that nothing in this Agreement restricts IM from engaging in development or commercialization projects with Third Parties outside a CDP Field, except as may be set forth in each CDP Plan.
IM, in a development program with a Third Party outside of the CDP Field, may determine that a specific Product, or an Agreement Compound within a TFS, created pursuant to this CDP may have efficacy for an application outside the CDP Field (“Third Party Opportunity”).
ATMI, ATMI Affiliates and ATMI Licensees will Pay IM royalties or a revenue share for all ATMI Product sales and or royalties or a revenue share from ATMI licenses for the making, using and selling of Products within the CDP Field, as authorized by this CDP, according to ATMI’s royalty rate defined in Section 14.3. For clarification, ATMI licenses shall exclude service fees, equipment sales, software sales, and other non-royalty fees from licenses, paid by third parties to ATMI in the CDP Field.
If Elpida desires to apply the CDP Developed Technology outside of the CDP Field, Elpida shall notify IM in writing of its interest and the parties agree to negotiate promptly and in good faith any subsequent case-by-case agreements that enable Elpida to pursue such interests.