SWM Patents. Means issued patents and patents for which the applications are filed, including any later filed continuation or divisional applications thereof, throughout the world, of whatever type, (i) owned or controlled by SWM or SWM Affiliates and (ii) related to (a) the manufacture, utilization or sale of Banded Cigarette Paper, (b) the manufacture, utilization or sale of products incorporating Banded Cigarette Paper or (c) the properties, structures or raw and finished components of Banded Cigarette
... Paper or cigarettes incorporating Banded Cigarette Paper; provided, however, the SWM Patents shall be limited to (i) those patents already issued or for which the applications are filed, including any later filed continuation or divisional applications thereof, as of the Full Commercial Production Date and (ii) patents issued to SWM or patents for which the applications are filed, including any later filed continuation or divisional applications thereof, pursuant to applications filed pursuant to Section 3(d) below; and provided further that if the Implementation Agreement shall be terminated prior to the Full Commercial Production Date, by either Party, the SWM Patents will be limited to those patents described above that are already issued or for which applications are filed, including any later filed continuation or divisional applications thereof, as of the effective date of such termination.
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