Acquired Entities. Notwithstanding anything to the contrary herein, if a legal entity or business unit becomes an Affiliate of Licensee, or a business unit of Licensee or its Affiliate, after the Effective Date (an “Acquired Entity”), the licenses, covenant not to assert and release under this Agreement shall not extend to any products or services of that Acquired Entity, or to any new or modified products or services based thereon, if the Acquired Entity or any of its pre-acquisition Affiliates is then engaged in litigation or other adversarial proceedings with any of Licensors.
Appears in 2 contracts
Sources: Wireless Network Patent License Agreement (Telkonet Inc), Wireless Network Patent License Agreement (Telkonet Inc)