Discontinuance Election definition

Discontinuance Election shall have the meaning set forth in Section 7.1.2 of this Agreement.
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Discontinuance Election shall have the meaning set forth in Section 12.4 hereof.
Sample 1Sample 2
Discontinuance Election to the other party of any intention or decision to cease preparation, filing, prosecution and maintenance of that patent (a "Discontinued Patent"); provided, however, that abandonment of a patent application in favor of a continuation or continuation-in-part thereof shall not constitute discontinuance of the parent application. In such case, the other party may elect at its sole discretion to continue preparation, filing and prosecution or maintenance of the Discontinued Patent at its sole expense subject to the prior rights of Third Parties. The party so continuing shall own any such patent or patent application and patents maturing therefrom, subject to the prior rights of Third Parties, and the Initial Responsible Party shall execute such documents and perform such acts as may be reasonably necessary for the other party to file or to continue prosecution or maintenance, including assigning ownership of such patents and patent applications to the party electing to continue. Discontinuance may be on a country-by-country basis or for a patent application or patent series in total. In the event that Lilly exercises its Discontinuance Election with respect to a Discontinued Patent in a particular country, Lilly's license under Section 6.1 with respect to that Discontinued Patent shall terminate with respect to such country.
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Examples of Discontinuance Election in a sentence

  • The party initially responsible for preparation, filing, prosecution and maintenance of a particular Patent (the "Initial Responsible Party") shall give thirty (30) days advance notice (the "Discontinuance Election") to the other party of any decision to cease preparation, filing, prosecution and maintenance of that Patent in any jurisdiction (a "Discontinued Patent").

  • Upon receipt of such Discontinuance Election, the other Party may elect to have the right to file, prosecute, maintain or issue such patent application or patent at its own expense by providing written notice of the same within thirty (30) days of its receipt of the Discontinuance Election.

  • For any Patent Right licensed hereunder, the prosecuting Party (as determined in accordance with the Research Agreement) may discontinue its obligation to prepare, file, prosecute and maintain particular Patent Right(s) by providing the other Party (the "Assuming Party") with thirty (30) days advance written notice (the "Discontinuance Election") of any decision to cease preparation, filing, prosecution or maintenance of that Patent Rights (a "Discontinued Patent").

  • But failing to offer the September 20 letter was not a reasonable strategy decision.

  • Should either Party not wish to file or prosecute any patent application, or issue or maintain any patent within (a) their Program Patent Rights as determined according to Section 9.3, or (b) the Generex Patent Rights, in any particular country, that Party will so notify the other Party of its intentions ("Discontinuance Election").

  • Upon receipt of such Discontinuance Election, Antares may elect to have the right to file, prosecute, maintain or issue any such patent or patent application at its own expense by providing written notice of the same within thirty (30) days of its receipt of the Discontinuance Election.

  • Every session, the participants were asked to write a paragraph which they should follow the model.

  • Upon Lilly's receipt of SIBIA's Patent Discontinuance Election, Lilly may elect to have the right to file, prosecute, maintain or issue any such Patent or Patent Application at its own expense by provided SIBIA with notice of the same within thirty (30) days of its receipt of the SIBIA's Discontinuance Election.

  • Miscellaneous: A suggestion was made that in future meetings a representative from each department give an update/overview with changes that are taking place in each department.

  • Apparent stability and diversity in the landscape of academic publishing in the UK and the US are thus accompanied by increasing questioning of the roles and the value proposition of publishers, and by increasing pressures arising from falling sales per title.

Related to Discontinuance Election

  • Distribution Election With respect to any Series, as specified in the related Supplement.

  • 10) Election has the meaning set forth in Section 6.05(a).

  • Voice Initiated Election means any election concerning dividend options available to Investment Company shareholders or subscribers which is requested by voice over the telephone.

  • Scheduled Distribution means, with respect to any Collateral Loan, for each Due Date, the scheduled payment of principal and/or interest and/or fees due on such Due Date with respect to such Collateral Loan.

  • Deferral Election means the Participant’s election under Section 3.1 to defer all or a portion of his or her Compensation.

  • Compensation Deferral means the amount or amounts of the Director's Compensation deferred under the provisions of Section 3 of this Agreement.

  • Payment Election means an election pursuant to Section 5.1.

  • Election Period means the period immediately preceding the beginning of each Plan Year established by the Administrator, such period to be applied on a uniform and nondiscriminatory basis for all Employees and Participants. However, an Employee's initial Election Period shall be determined pursuant to Section 5.1.

  • Hardship Distribution means a severe financial hardship to the Participant resulting from a sudden and unexpected illness or accident of the Participant or of his or her dependent (as defined in Section 152(a) of the Code), loss of a Participant’s property due to casualty, or other similar or extraordinary and unforseeable circumstances arising as a result of events beyond the control of the Participant. The circumstances that would constitute an unforseeable emergency will depend upon the facts of each case, but, in any case, a Hardship Distribution may not be made to the extent that such hardship is or may be relieved (i) through reimbursement or compensation by insurance or otherwise, (ii) by liquidation of the Participant’s assets, to the extent the liquidation of assets would not itself cause severe financial hardship, or (iii) by cessation of deferrals under this Plan.

  • Involuntary Withdrawal means, with respect to any Member, the occurrence of any of the following events:

  • Deferral Period has the meaning set forth in Section 3(i) hereof.

  • Deferral Contribution means any contribution made to the Plan by the Employer in accordance with the provisions of Section 5.03.

  • Special Enrollment Period means a period of time allowed under this Plan, other than the eligible person’s Initial Enrollment Period or an Open Enrollment Period, during which an eligible person can request coverage under this Plan as a result of certain events that create special enrollment rights.

  • Section 336(e) Election has the meaning set forth in Section 7.06.

  • Qualified Election Period means the six Plan Year period beginning with the Plan Year in which the Participant first becomes a Qualified Participant.

  • Voluntary Withdrawal means a Member’s dissociation with the Company by means other than by a Transfer or an Involuntary Withdrawal.

  • Election Year means a year in which ordinary elections for local governments are required to be held;

  • Deferral Year means each calendar year during which the Director makes, or is entitled to make, Compensation Deferrals under Section 3 hereof.