Common use of Abandonment of Prosecution by EpiCept Clause in Contracts

Abandonment of Prosecution by EpiCept. EpiCept shall notify Endo in the event it is unable for any reason to meet its obligations under Section 10.2. Such notification shall be given within a reasonable period (i.e., with sufficient time for Endo to take whatever action may be necessary or desired) prior to the date on which such patent application(s) or patent(s) will lapse or go abandoned. Endo shall then have the option, exercisable upon written notification to EpiCept, to assume full responsibility, at its discretion and its sole cost and expense, for Prosecution of the affected patent application(s) or maintenance of any of the affected Patent(s) in such country or countries in the Territory; provided, however, Endo may offset any such costs and expenses against any Milestone Payments or Royalties due to EpiCept.

Abandonment of Prosecution by EpiCept. EpiCept shall notify Endo Adolor in the event it is unable for any reason to meet its obligations under Section 10.2. Such notification shall be given within a reasonable period (i.e., with sufficient time for Endo Adolor to take whatever action may be necessary or desired) prior to the date on which such patent application(s) or patent(s) will lapse or go abandoned. Endo Adolor shall then have the option, exercisable upon written notification to EpiCept, to assume full responsibility, at its discretion and its sole cost and expense, for Prosecution of the affected patent application(s) or maintenance of any of the affected Patent(spatent(s) in such country or countries in the Territory; provided, however, Endo Adolor may offset any such costs and expenses against any Milestone Payments or Royalties due to EpiCept.