Common use of Allocation of Fees Clause in Contracts

Allocation of Fees. In the event that Developer or Cisco files a petition for bankruptcy, the parties agree that the licenses granted hereunder to the Licensed Property, New Intellectual Property, Developer Existing Technology, and the Joint Intellectual Property and the Cisco Derivatives, if any, are licenses to “intellectual property” as defined in the Bankruptcy Code and that the Agreement is covered by 11 U.S.C. § 365(n). Allocation of the initial fee set forth in Exhibit D is based on (100%) for the use of the intellectual property herein and none is attributable to support, maintenance, and performance of other obligations under this Agreement.