Common use of Past Release Clause in Contracts

Past Release. Subject to Licensee’s fulfilment of its payment obligations regarding the Past Release, under the LIFT Compensation Model or the Standard Compensation Model, whichever applies, Licensor hereby irrevocably releases, acquits, and forever discharges Licensee, and Persons that are Licensee Affiliates on the Effective Date, from any and all claims of damages or other liabilities for infringement of the Licensed Patents within the Licensed Field for Licensed Products Made by or for and Sold by Licensee, and/or Persons that are Licensee Affiliates on the Effective Date, before the Effective Date, and insofar extends to their successors as well as any downstream customers or end-users (“Past Release”). For clarity, however, with regards to a New Patent Owner, this release does not apply to the period preceding the relevant Joinder Date of such New Patent Owner. Licensor, in providing the release of this Section 2.1, relies on Licensee’s ongoing compliance with its obligations under this Agreement.