AND OTHER RIGHTS OF WHATSOEVER NATURE AND KIND IN OR ARISING FROM
OR PERTAINING TO ALL SUCH DEVELOPMENTS CREATED OR PRODUCED BY THE CONTRACTOR
DURING THE COURSE OF PERFORMING THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION,
THE RIGHT TO EFFECT ANY REGISTRATION IN THE WORLD TO PROTECT THE FOREGOING
RIGHTS.
THE COMPANY SHALL HAVE THE SOLE, ABSOLUTE AND UNLIMITED RIGHT
THROUGHOUT THE WORLD, THEREFORE, TO PROTECT THE DEVELOPMENTS BY PATENT,
COPYRIGHT, INDUSTRIAL DESIGN, TRADEMARK OR OTHERWISE AND TO MAKE, HAVE MADE,
USE, RECONSTRUCT, REPAIR, MODIFY, REPRODUCE, PUBLISH, DISTRIBUTE AND SELL THE
DEVELOPMENTS, IN WHOLE OR IN PART, OR COMBINE THE DEVELOPMENTS WITH ANY OTHER
MATTER, OR NOT USE THE DEVELOPMENTS AT ALL, AS THE COMPANY SEES FIT.
5.4
PROTECTION OF DEVELOPMENTS.
THE CONTRACTOR DOES HEREBY
AGREE THAT, BOTH BEFORE AND AFTER THE TERMINATION OF THIS AGREEMENT, THE
CONTRACTOR SHALL PERFORM SUCH FURTHER ACTS AND EXECUTE AND DELIVER SUCH FURTHER
INSTRUMENTS, WRITINGS, DOCUMENTS AND ASSURANCES (INCLUDING, WITHOUT LIMITATION,
SPECIFIC ASSIGNMENTS AND OTHER DOCUMENTATION WHICH MAY BE REQUIRED ANYWHERE IN
THE WORLD TO REGISTER EVIDENCE OF OWNERSHIP OF THE RIGHTS ASSIGNED PURSUANT
HERETO) AS THE COMPANY SHALL REASONABLY REQUIRE IN ORDER TO GIVE FULL EFFECT TO
THE TRUE INTENT AND PURPOSE OF
6
THE ASSIGNMENT MADE UNDER SECTION 0 HEREOF.
IF THE COMPANY IS FOR ANY REASON
UNABLE, AFTER REASONABLE EFFORT, TO SECURE EXECUTION BY THE CONTRACTOR ON
DOCUMENTS NEEDED TO EFFECT ANY REGISTRATION OR TO APPLY FOR OR PROSECUTE ANY
RIGHT OR PROTECTION RELATING TO THE DEVELOPMENTS, THE CONTRACTOR HEREBY
DESIGNATES AND APPOINTS THE COMPANY AND ITS DULY AUTHORIZED OFFICERS AND AGENTS
AS THE CONTRACTOR'S AGENT AND ATTORNEY TO ACT FOR AND IN THE CONTRACTOR'S BEHALF
AND STEAD TO EXECUTE AND FILE ANY SUCH DOCUMENT AND DO ALL OTHER LAWFULLY
PERMITTED ACTS NECESSARY OR ADVISABLE IN THE OPINION OF THE COMPANY TO EFFECT
SUCH REGISTRATION OR TO APPLY FOR OR PROSECUTE SUCH RIGHT OR PROTECTION, WITH
THE SAME LEGAL FORCE AND EFFECT AS IF EXECUTED BY THE CONTRACTOR.
5.5
REMEDIES.
THE PARTIES TO THIS AGREEMENT RECOGNIZE THAT
ANY VIOLATION OR THREATENED VIOLATION BY THE CONTRACTOR OF ANY OF THE PROVISIONS
CONTAINED IN THIS ARTICLE V WILL RESULT IN IMMEDIATE AND IRREPARABLE DAMAGE TO
THE COMPANY
AND THAT THE COMPANY COULD NOT ADEQUATELY BE COMPENSATED FOR SUCH
DAMAGE BY MONETARY AWARD ALONE.
ACCORDINGLY, THE CONTRACTOR AGREES THAT IN THE
EVENT OF ANY SUCH VIOLATION OR THREATENED VIOLATION, THE COMPANY SHALL, IN
ADDITION TO ANY OTHER REMEDIES AVAILABLE TO THE COMPANY AT LAW OR IN EQUITY, BE
ENTITLED AS A MATTER OF RIGHT TO APPLY TO SUCH RELIEF BY WAY OF RESTRAINING
ORDER, TEMPORARY OR PERMANENT INJUNCTION AND TO SUCH OTHER RELIEF AS ANY COURT
OF COMPETENT JURISDICTION MAY DEEM JUST AND PROPER.
5.6
REASONABLE RESTRICTIONS.
THE CONTRACTOR AGREES THAT ALL
RESTRICTIONS IN THIS ARTICLE V ARE REASONABLE AND VALID, AND ALL DEFENSES
TO
THE STRICT ENFORCEMENT THEREOF BY THE COMPANY ARE HEREBY WAIVED BY THE
CONTRACTOR.
ARTICLE VI
DEVOTION TO CONTRACT
6.1
DEVOTION TO CONTRACT.
DURING THE TERM OF THIS AGREEMENT,
THE CONTRACTOR