Intel Corp Sample Clauses

Intel Corp. 9 Cal. 4th 362 (1994), and, except as modified by this Agreement, intend to limit the power of the arbitrator to that of a Superior Court judge enforcing California Law. The prevailing Party in this dispute resolution process is entitled to recover its costs and reasonable attorneys’ fees.

Intel Corp and Intel Kabushiki Kaisha, in the United States District Court for the District of Delaware, Civil Action No. 05-441 (JJF), subsequently consolidated for the purpose of discovery as part of MDL No. 05-1717, entitled In re Intel Corporation Microprocessor Litigation. This suit is referred to herein as the “Delaware Litigation”;

Intel Corp. 9 Cal. 4th 362 (1994), and, except as modified by this Agreement, intend to limit the power of the arbitrator to that of a Superior Court judge enforcing California Law. The prevailing Party in this dispute resolution process is entitled to recover its costs and reasonable attorneys’ fees. (d) Except as may be required by Law, neither a Party nor an arbitrator may disclose the existence, content, or results of any Arbitration hereunder without the prior written consent of both Parties. Date: Irrevocable Standby Letter of Credit Number: Beneficiary: [Beneficiary Name] [Beneficiary Address] Attn: Applicant: [insert Applicant’s address] Account Party: [insert Account Party’s address] [Advising Bank, if applicable] [Confirming Bank, if applicable] Amount: USD [Amount] US Dollars [Spell out amount in words] We hereby issue our Irrevocable Standby Letter of Credit (“Letter of Credit”) at this office in your favor at the request of the Applicant and for the account of the Account Party. Payments under this Letter of Credit are payable at sight against the following documents: 1. Your sight draft drawn on us in the form of Annex A; AND 2. Beneficiary’s signed statement certifying: “Pursuant to the terms of that certain Power Purchase and Sale Agreement dated June 26, 2007 (the “Agreement”) by and between Account Party and Beneficiary, Beneficiary is entitled to draw on this Letter of Credit for amounts owed by Account Party under the Agreement.” OR “This Letter of Credit will expire in thirty (30) calendar days or less and Account Party has not provided alternate security acceptable to [Beneficiary].” This Letter of Credit expires at our counters located at [INSERT ADDRESS] on [INSERT DATE] (“Expiration Date”), but the Expiration Date shall be automatically extended without amendment for a period of one year and on each successive Expiration Date, unless at least sixty (60) days before the then current Expiration Date, we notify you by registered mail or courier that we elect not to renew this Letter of Credit for such additional period. Special Conditions: 1. Partial drawing(s) are permitted. 2. All banking charges associated with this Letter of Credit are for the account of the Applicant. 3. This Letter of Credit is not transferable. 4. This Letter of Credit shall terminate upon the earlier of: a. the making by you of the final drawing available to be made hereunder; b. the surrender of this original Letter of Credit accompanied by your letter acknowledging term...

Intel Corp. 77 F.3d 1381 (Fed. Cir. 1996)  Term “IBM Licensed Products” does not limit the rights to only products designed and manufactured solely by IBM  Conditions? - is Licensor given the first opportunity to bring suit or participation right?  Scope must be defined  Past, Present, Future Infringement?  Damages or Injunction?  Even if licensee has right to initiate suit, Licensor may still need to be joined  particularly in exclusive field of use licenses  Is Licensor given right to approve tactics?  Clause should allocate:  cooperation costs (regardless of who initiates)  recoveries  Rights are exhausted by the "authorized" and “unrestricted” sale of:  a product; or  of components, if the components embody the essential features of the patent claims (Quanta Computer, Inc. v. LG Electronics, Inc., 553 U.S. 617 (2008))  A covenant not to ▇▇▇ will trigger the exhaustion doctrine.