Common use of Intellectual Property Contracts Clause in Contracts

Intellectual Property Contracts. SCHEDULE 3.14(f) contains a list of (i) all Assumed Contracts relating to the Intellectual Property Assets to which Seller is a party or by which Seller is bound, except for any license for common publicly retailed software programs that are currently distributed and Contracts that involve a payment by Seller of aggregate annual royalties of less than One Hundred Thousand Dollars ($100,000) and (ii) all Assumed Contracts under which Seller has executory development, intellectual property grant-back, or non-competition obligations or requirements to commercialize intellectual property transferred, licensed or developed under the respective Assumed Contracts, the failure of which obligations or requirements to perform could reasonably be expected, in the aggregate, to have a Material Adverse Effect on the Business and Purchased Assets. SCHEDULE 3.14(f) identifies specifically each Assumed Contract under which Seller has granted a license of any kind to any Person in respect of any of the Non-Alpha Transferred IP Assets other than those Assumed Contracts, the granting of rights to such Person under which could not, in the aggregate, reasonably be expected to have a Material Adverse Effect on the Business and Purchased Assets.