Common use of IN CERTAIN CIRCUMSTANCES Clause in Contracts

IN CERTAIN CIRCUMSTANCES. The Company expressly acknowledges and agrees that, and Consultant is hereby advised that, this Section 4.1 does not apply to any invention for which no equipment, supplies, facilities or Confidential Information (as that term is hereinafter defined) of the Company, its Subsidiaries or any of their Affiliates was used and which was developed entirely on Consultant's own time or on its personnel's own time, unless (i) the invention relates to the business of the Company, its Subsidiaries or any of their Affiliates or to the Company's, its Subsidiaries' or any of their Affiliates' actual or demonstrably anticipated research or development or (ii) the invention results from any Services performed by Consultant for the Company, its Subsidiaries or Affiliates.

IN CERTAIN CIRCUMSTANCES. The Company expressly acknowledges and agrees that, and Consultant the Provider is hereby advised that, this Section 4.1 does not apply to any invention for which no equipment, supplies, facilities or Confidential Information (as that term is hereinafter defined) of the Company, its Subsidiaries or any of their Affiliates was used and which was developed entirely on Consultantthe Provider's own time or on its personnel's own time, unless (iI) the invention relates to the business of the Company, its Subsidiaries or any of their Affiliates or to the Company's, its Subsidiaries' or any of their Affiliates' actual or demonstrably anticipated research or development or (ii) the invention results from any Services performed by Consultant the Provider for the Company, its Subsidiaries or Affiliates.