ABANDONMENT; FAILURE TO PAY. Metasyn agrees that it will not abandon the prosecution of any patent applications included within the Metasyn Patent Rights nor shall it fall to make any payment or fail to take any other action necessary to maintain a patent under the Metasyn Patent Rights.
ABANDONMENT; FAILURE TO PAY. MKG agrees that it will not abandon the prosecution of any patent application included within the MKG Patent Rights nor shall it fail to make any payment or fail to take any other action necessary to maintain any patent under the MKG Patent Rights. Further, MKG covenants to make all payments with respect to and to perform all obligations under the [ ]* to the extent necessary to ensure that the [ ]* and all of MKG's rights thereunder will remain in full force and effect.
ABANDONMENT; FAILURE TO PAY. EPIX agrees that it will not abandon the prosecution of any commercially viable patent application included within the EPIX Patent Rights, except in favor of another patent filing of EPIX, nor shall it fail to make any payment or fail to take any other action necessary to maintain any commercially viable patent under the EPIX Patent Rights.
ABANDONMENT; FAILURE TO PAY. SC agrees that it will not abandon the prosecution of any patent applications included within the Product Patent Rights nor shall it fail to make any payment or fail to take any other action necessary to maintain a patent under the Product Patent Rights unless it has notified GTC in sufficient time for GTC to assume such prosecution or make such payment.
ABANDONMENT; FAILURE TO PAY. Schering agrees that it will not abandon the prosecution of any commercially viable patent application included within the Schering Patent Rights, except in favor of another patent filing of Schering, nor shall it fail to make any payment or fail to take any other action necessary to maintain any commercially viable patent under the Schering Patent Rights.
ABANDONMENT; FAILURE TO PAY. AutoImmune agrees that it will not abandon the prosecution of any patent applications included within the Patent Rights nor shall it fail to make any payment or fail to take any other action necessary to maintain a patent under the Patent Rights unless it has notified Teva in sufficient time for Teva to assume such prosecution or make such payment. If AutoImmune elects not to continue to seek or maintain patent protection on any patent or patent application included in the Patent Rights, Teva shall have the right, at its option and expense, but in the name of AutoImmune, to prepare, file, prosecute (including oppositions) and maintain such patent applications and patents; provided, however, that the rights of the parties with respect to any such Patent Rights in all other respects shall be as described in this Agreement. If Teva exercises its rights under this Section 5.1.2 with respect to any Patent Rights, (a) such Patent Rights shall thereupon cease to be Patent Rights for purposes of this Agreement for purposes of royalty obligations and (b) Teva shall be thereupon deemed to have a fully-paid up, royalty-free, world-wide license under such Patent Rights. If AutoImmune subsequently licenses such Patent Rights to a Third Party, all consideration received by AutoImmune from the Third Party for such license shall be [ ] by AutoImmune and Teva.
ABANDONMENT; FAILURE TO PAY. Nabi agrees that it will not abandon the prosecution of any patent applications included within the Patent Rights nor shall it fail to make any payment or fail to take any other action necessary to maintain a patent under the Patent Rights unless it has notified Pharmacia in sufficient time for Pharmacia to assume such prosecution or make such payment. If Nabi elects not to continue to seek or maintain patent protection on any patent or patent application included in the Patent Rights and subject to any prior rights Nabi may hereafter grant to Third Parties, [***]. Nabi will advise Pharmacia of all decisions taken with respect to any such election in a timely manner in order to allow Pharmacia to protect its rights under this Section 5.1.2.
ABANDONMENT; FAILURE TO PAY. Subject to the terms of the Dyax Agreement, if EPIX fails to undertake (i) any filing of any patent application or submission, (ii) making any payment, or (iii) any other action necessary to obtain or maintain a patent under the EPIX Patent Rights or Joint Patent Rights, then following written notice of such intention, which notice shall be provided by EPIX to Schering, if at all, not less than ninety (90) days prior to the last date for making the applicable filing, submission or payment to preserve rights under such patent or patent application, Schering may undertake such filing, submission or payment, at its own expense, in EPIX’s name.
ABANDONMENT; FAILURE TO PAY. If Schering fails to undertake (i) any filing of any patent application or submission, (ii) making any payment, or (iii) any other action necessary to obtain or maintain a patent under the Schering Patent Rights then following written notice of such intention, which notice shall be provided by Schering to EPIX, if at all, not less than ninety (90) days prior to the last date for making the applicable filing, submission or payment to preserve rights under such patent or patent application, EPIX may undertake such filing, submission or payment, at its own expense, in Schering’s name.
ABANDONMENT; FAILURE TO PAY. AutoImmune agrees that it will not abandon the prosecution of any patent applications included within the Patent Rights nor shall it fail to make any payment or fail to take any other action necessary to maintain a patent under the Patent Rights unless it has notified Licensee in sufficient time for Licensee to assume such prosecution or make such payment. If AutoImmune elects not to continue to seek or maintain patent protection on any patent or patent application included in the Patent Rights, subject to any rights of Third Parties granted prior to the Effective Date, Licensee shall have the right, at its option and expense, but in the name of AutoImmune, to prepare, file, prosecute (including oppositions) and maintain such patent applications and patents; provided, however, that the rights of the parties with respect to any such Patent Rights in all other respects shall be as described in this Agreement.
