Actions Against Third Parties. Nothing contained herein shall operate as a limitation on the right of either party hereto to bring an action for damages, including consequential damages, against any third party based on any acts or omissions of such third party as such acts or omissions may affect the operation or use of the McLeodUSA Cable, or any IRU Fibers; and each party hereto shall assign such rights or claims, execute such documents and take whatever actions as may be reasonable and necessary to enable the injured party to pursue any such action against such third party.
Actions Against Third Parties. Except as otherwise set forth in this Agreement, nothing contained herein shall be construed as a limitation on the right of any Party to bring an action for damages against a third party.
Actions Against Third Parties. In the event of any infringement of Somaxon Patent Rights or the Trademarks in the Territory, which infringement involves a product that could or does compete with the Licensed Product or could adversely affect the Parties’ interests in the Licensed Product in the Territory under this Agreement (an “Infringement”), Somaxon shall, in its sole discretion, after considering the advice and comments of Licensee, determine to take legal action in the Territory (an “Enforcement Action”), if any. In the event such an Enforcement Action is initiated, Somaxon shall use Commercially Reasonable Efforts to prosecute such Enforcement Action. At Somaxon’s reasonable request, Licensee shall cooperate fully with Somaxon with respect to any such Enforcement Action, and Somaxon shall reimburse Licensee for its reasonable out-of-pocket costs and expenses (including attorneys’ and professionals’ fees) incurred in providing such cooperation. Licensee may be represented by counsel of its own selection at its own expense in any such Enforcement Action, but Somaxon shall have the right to control the suit or proceeding and such expenses will not be reimbursed by Somaxon. Any recovery received as a result of any Enforcement Action shall be used first to reimburse Somaxon for its costs and expenses (including attorneys’ and professional fees and amounts reimbursed to Licensee) incurred in connection with such Enforcement Action. Of any remaining amounts, the amount (if any) which is required to be paid to any licensors of the applicable Patent Rights or Trademarks under the terms of the respective in-license agreement, if any, shall then be paid to such licensor, if any, and any amounts remaining thereafter shall be paid to Somaxon. If Somaxon elects not to bring an Enforcement Action with respect to an Infringement, it will promptly notify Licensee of such decision, and Licensee shall have the exclusive right to bring such Enforcement Action (a “Licensee Enforcement Action”). Costs, recovery thereof, and payments to licensors, if any, under any Licensee Enforcement Action shall be used first to reimburse Licensee for its costs and expenses incurred in connection with such Licensee Enforcement Action. Of any remaining amounts, the amount (if any) which is required to be paid to any licensors of the applicable Patent Rights or Trademarks under the terms of the respective in-license agreement, if any, shall then be paid to such licensor, if any, and any amounts remaining thereafter sh...
Actions Against Third Parties. 7.1 If (i) either of the Sellers has made a payment to the Buyer under this Deed, or (ii) either of the Sellers has become liable to make such a payment, in either case in respect of a Taxation Liability under clause 2, then the following provisions of this clause 7 shall apply.
Actions Against Third Parties. Neither Party shall have any obligation hereunder to institute any action or suit against third parties for infringement of any Patent or any other Technology or to defend any action or suit brought by a third party which challenges or concerns the validity or enforceability of such Patents or Technology. Each Party shall have and retain the exclusive right to institute and prosecute any claim, action or suit against third parties for the infringement of any Patent or any other Technology that such Party owns.
Actions Against Third Parties. 11.1 Radio and Duplex both have the right to take independent action against third parties in respect of the Intellectual Property but before taking any such action shall discuss with each other in good faith (such discussions to be reduced to writing to avoid any later confusion):
Actions Against Third Parties. KYPHON and BRI will promptly notify the other parties and GSI of any infringement of which such party has actual knowledge with respect to any Licensed Patents, as follows:
Actions Against Third Parties. No claim, action, suit, litigation or proceeding is pending or threatened by Novartis against any Person alleging (a) infringement, misappropriation or other violation of any of the Transferred Intellectual Property or Transferred Know‑How or (b) breach of any license, sublicense or other agreement authorizing such Person to use any of the Transferred Intellectual Property or Transferred Know‑How.
Actions Against Third Parties. Any Claims made with respect to any inaccurate Representation shall be reduced by the amount of any sums which have been or which may be received or obtained by the Beneficiary or any of the Companies of the Group from any third party which may be liable, in whole or in part, for the events or circumstances which have given rise to a Claim; the Beneficiary hereby undertakes to take all reasonable actions against such third party or to ensure that the concerned Company of the Group takes such actions. 9 9. In the event that any amount is recovered in this connection after indemnification of the Beneficiary by the Guarantors, the Beneficiary shall repay the smaller of the two following amounts to the Guarantors, or shall ensure that such amount is repaid:
Actions Against Third Parties. No Party shall have any obligation hereunder to institute any action or suit against a third party for infringement of any Intellectual Property or to defend any action or suit brought by a third party that challenges or concerns the validity or enforceability of such Intellectual Property. Each Storage Party shall have and retain the exclusive right to institute and prosecute any claim, action or suit against third parties for the infringement of any Storage IP of such Storage Party, and each Memory Party shall have and retain the exclusive right to institute and prosecute any claim, action or suit against third parties for the infringement of any Memory IP of such Memory Party.
