Extract to table

NOW, THEREFORE, in consideration of the mutual covenants, agreements, representations, and warranties set forth herein, and for other good and valuable consideration (including the lump-sum and running royalty payments set forth in the Settlement Agreement and this Agreement), the receipt and sufficiency of which are hereby acknowledged by each of the Parties, the Parties agree as follows: ARTICLE I DEFINITIONS As used in this Agreement, the following terms shall have the meanings set forth below

Capitalized terms used but not defined herein shall have the meanings ascribed to them in the Settlement Agreement

A Contract Manufacturer shall not include any distributor, reseller, or other entity that purchases Licensed Products for resale on its own account

For the avoidance of doubt, the determination of whether a Successor Product falls within the definition of Licensed Products shall be made on a claim-by-claim basis by reference to the claims of the Licensed Patents as issued or as may be amended through reissue or re-examination

1 shall be effective as of the Effective Date and shall continue for the Term specified in Section 11

Solstice and Solstice US shall not grant sublicenses for any other purpose or to any other person or entity without the prior written consent of Apex