▇▇▇▇▇▇ System. On the Expiration Date, all rights granted to Rosetta by Agilent hereunder in respect of the ▇▇▇▇▇▇ System (other than the right to use the ▇▇▇▇▇▇ System for internal purposes, including the right to use the ▇▇▇▇▇▇ System in providing commercial services to Third Parties) shall terminate and expire. To the extent any Rosetta Technology is incorporated into the design, development, manufacture or use of the ▇▇▇▇▇▇ System as of the Expiration Date, Agilent shall have, and Rosetta hereby grants to Agilent, a worldwide, non-exclusive, irrevocable license in, to and under Rosetta Technology to develop, use, manufacture, market, offer for sale, sell and support the ▇▇▇▇▇▇ System and any Component thereof for the later of (i) the duration of the term of any valid patent within the Rosetta Patents covering the design, manufacture or use of the ▇▇▇▇▇▇ System or any Component thereof or (ii) for so long (but in no event beyond the [***] of the Early Termination Date) as any Rosetta Know-How incorporated therein is material to the design, development, manufacture or use of the ▇▇▇▇▇▇ System or any Component thereof, and if on or prior to such date Agilent shall have agreed or otherwise paid to Rosetta a royalty with respect to Rosetta Technology incorporated into the design, development, manufacture or use of the ▇▇▇▇▇▇ System, Agilent shall, for the duration of such period, pay Rosetta a commercially reasonable royalty on Net Revenues associated with the Royalty Bearing Portion of the ▇▇▇▇▇▇ System taking into account the Rosetta Technology so incorporated (as evidenced by the royalty rate in effect as of the Expiration Date); such royalty payments to be made at such times and pursuant to the reports required to be delivered in accordance with Section 7.7 hereof.
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▇▇▇▇▇▇ System. On the Expiration Date, all rights granted to Rosetta by Agilent hereunder in respect of the ▇▇▇▇▇▇ System (other than the right to use the ▇▇▇▇▇▇ System for internal purposes, including the right to use the ▇▇▇▇▇▇ System in providing commercial services to Third Parties) shall terminate and expire. To the extent any Rosetta Technology is incorporated into the design, development, manufacture or use of the ▇▇▇▇▇▇ System as of the Expiration Date, Agilent shall have, and Rosetta hereby grants to Agilent, a worldwide, non-exclusive, irrevocable license in, to and under Rosetta Technology to develop, use, manufacture, market, offer for sale, sell and support the ▇▇▇▇▇▇ System and any Component thereof for the later of (i) the duration of the term of any valid patent within the Rosetta Patents covering the design, manufacture or use of the ▇▇▇▇▇▇ System or any Component thereof or (ii) for so long (but in no event beyond the [***] tenth (10th) anniversary of the Early Termination Date) as any Rosetta Know-How incorporated therein is material to the design, development, manufacture or use of the ▇▇▇▇▇▇ System or any Component thereof, and if on or prior to such date Agilent shall have agreed or otherwise paid to Rosetta a royalty with respect to Rosetta Technology incorporated into the design, development, manufacture or use of the ▇▇▇▇▇▇ System, Agilent shall, for the duration of such period, pay Rosetta a commercially reasonable royalty on Net Revenues associated with the Royalty Bearing Portion of the ▇▇▇▇▇▇ System taking into account the Rosetta Technology so incorporated (as evidenced by the royalty rate in effect as of the Expiration Date); such royalty payments to be made at such times and pursuant to the reports required to be delivered in accordance with Section 7.7 hereof.
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