Common use of Notwithstanding Section 4 Clause in Contracts

Notwithstanding Section 4. 5.1, in the event that a Manufacturing Party participates or assists a third party in any challenge to the validity or enforceability of any Patent in the `022 Patent Family or the Rams▇▇ ▇▇▇ent Family, as the case may be, in violation of Section 4.1 or 4.2, as applicable, or the corresponding sections in the respective sublicense agreement, if applicable, Aclara or Caliper, as the case may be, may immediately terminate such Manufacturing Party's sublicense, if any, or take any of the other actions otherwise restricted in subsections 4.5.1(a), (b) or (c) above.

Notwithstanding Section 4. 5.1, in the event that a Manufacturing Party participates or assists a third party in any challenge to the validity or enforceability of any Patent in the `022 Patent Family or the Rams▇▇ ▇▇▇ent Ramsey Patent Family, as the case may be, in violation of Section 4.1 or 4.2▇▇ ▇.2, as applicable, or the corresponding sections in the respective sublicense agreement, if applicable, Aclara or Caliper, as the case may be, may immediately terminate such Manufacturing Party's sublicense, if any, or take any of the other actions otherwise restricted in subsections 4.5.1(a), (b) or (c) above.