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JoTu

10/20/20 6:33 PM

#203787 RE: jrs5 #203783

there is no jda only jdp in the pla.
there is reference to 'development agreement' but no info if such an agreement has been entered into and in section 5.2 is seems a jda is not necessarily needed

ARTICLE 5?
TECHNOLOGY DEVELOPMENT AND DERIVATIVES

5.1. Technology Development. The Parties will work together to jointly improve and further develop the Technologies for a period of five (5) years (“Joint Development Period”). The scope and nature of such joint efforts, and the respective responsibilities of the parties in connection therewith, will be set forth in one or more mutually agreeable development agreements or other similar agreements to be entered into by the Parties (“Development Agreements”).

5.2. Improvements and Derivatives. Unless otherwise specified in the applicable Development Agreement, all improvements and further developments of the Technologies by the parties during the Joint Development Period (“Derivative Technologies”) will be owned and licensed as follows: (i) technologies developed solely by one party will be owned by that party, but shall be included as a Licensed Patent or Licensed Technical Information (as the case may be) hereunder, and (ii) technologies developed jointly by the Parties will be jointly owned by the Parties but shall be included as a Licensed Patent or Licensed Technical Information (as the case may be) hereunder. Notwithstanding the foregoing, all derivatives of a party’s Trademarks shall be owned exclusively by that party.