definiens: range as hereinafter defined, at the time GENERAL ’s license to COMPANY is terminated . A royalty rate shall be regarded as if it is within the range of royalty rates that GENERAL would charge in an arms length transaction with a licensee which was not and had not been a spon sor of research at GENERAL, taking into account the value of the licensed technology at the time GENERAL ’s license to COMPANY is terminated ; ( v ) the SUBLICENSEE agrees to use its best commercial -efforts to develop and use the technology, and/or to use diligent efforts to develop PRODUCTS itself ; ( vi ) GENERAL has the right to terminate such sublicense upon sixty ( 60 ) days prior written notice to COMPANY and such SUBLICENSEE in the event of any material breach of the obligation to make the payment s described in clause ( iv ) of this paragraph 9.3, unless such breach is cured prior to the expiration of such sixty ( 60 ) day period, and shall further have the right to terminate such sublicense in the event of SUBLICENSEE ’s failure to meet its due diligence obligations pursuant to clause ( v ) hereof ; ( vii ) GENERAL shall not assume, and shall not be responsible to such SUBLICENSEE for, any representations, warranties or obligations of COMPANY to such SlJBLICENSEE, other than to permit such SUBL ICENSEE to exercise any rights to PATENT RIGHTS and TECHNOLOGICAL INFORMATION that are granted under such sublicense agreement consistent with the terms of this AGREEMENT