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Sunday, October 18, 2020 12:10:34 PM
(iii) Notwithstanding anything in this Agreement to the contrary, in order to comply with Section 2.6 of the Crucible License Agreement (as defined below), LMT and Eontec (and their permitted sublicensees, successors, and assigns) hereby grant to Crucible and reserve for Crucible (A) the right to take any and all actions necessary to defend the LMT Technology (as defined below) in any litigation or administrative proceedings in which Eontec or any permitted sublicensee, successor, or assign is a party and (B) the right to take any and all actions necessary to defend the LMT Technology in any ligiation or administrative proceedings in which Eontec or any permitted sublicensee, successor, or assign is a party. Crucible is an intended third-party beneficiary of this paragraph. For purposes of this paragraph, the term “Crucible” means Crucible Intellectual Property, LLC, a Delaware limited liability company, and “Crucible License Agreement” means the Exclusive License Agreement, dated August 5, 2010, between LMT and Crucible. Solely for purposes of this paragraph and not for any other purpose in this Agreement, “LMT Technology” has the meaning set forth in the Master Transaction Agreement, dated August 5, 2010, among Apple Inc., LMT, Crucable, and Liquidmetal Coatings, LLC, as amended.
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