Development Items definition
Examples of Development Items in a sentence
However, ownership of the Licensed Software is subject to Compaq's rights in (including ownership of) and to the Compaq Development Items, as defined below, and in and to the SmartStart scripting tools, each of which are in turn subject to the licenses in this Agreement (in this Section 8.1 and in Section 3.7, respectively).
Such discussion shall include agreements by the Parties concerning target pricing for the Sumitomo Development ltem(s) (or end products incorporating the Sumitomo Development Item(s)) and assessments of the respective costs of production at commercial scale for the Sumitomo Development Item(s) or end products and the Zymergen Development Item(s).
The Parties will decide on the business model, if any, including possible business exclusivity in a defined field, for successfully developed Sumitomo Development Items incorporating successfully developed Zymergen Development Items on a case-by-case basis, given the wide variety of possibilities, in accordance with the decision-making process set forth in each Project Plan.
Upon the conclusion of a particular Project Plan, the Parties shall discuss the Commercialization prospects for the resulting Sumitomo Development Item(s) and, in turn, the supply of related Zymergen Development Items.
All direct out-of-pocket costs described in the applicable Project Plan or approved by the JSC and (b) Net Profits related to Commercialization in the Field of the applicable Sumitomo Development Item(s) and applicable Zymergen Development Item(s) shall be [***] by the Parties, to be [***]; provided, however, the Parties [***] (e.g., [***]), if agreed to in the applicable Project Plan.
The Parties hereby agree that Zymergen shall have the exclusive right to supply the Zymergen Development Item(s) to Sumitomo in view of the agreements and assessments mentioned in the preceding sentence.
Each Party will have the right, subject to the terms of this Agreement (including Sections 3.3 and Articles 6 and 7), to use [***] to make, have made, use, offer to sell, sell, and import applicable Sumitomo Development Item(s) and applicable Zymergen Development Item(s) and [***].
The Initial Development Completion Date will be deemed to be the date YPC receives the Marchex Delivery Notice unless, ***, YPC notifies (email sufficing) Marchex Local of any defect or deficiency in the Initial Transition Development Items, and in fact there exists such defect or deficiency constituting a failure of Marchex Local to complete the Initial Transition Development Items in all material respects.
As between Altiris and Compaq, ---------------------------- Compaq shall own all right, title and interest in and to the Compaq Products, the Compaq Development Items, the SmartStart scripting tools, and all Compaq Confidential Information, and all associated Intellectual Property Rights in any of the foregoing.
However, ownership of the Licensed Software is subject to Compaq's rights in (including ownership of) and to the Compaq Development Items, as defined below, and in and to the [*] , each of which are in turn subject to the licenses in this Agreement (in this Section 8.1 and in Section 3.7, respectively).