Common use of Allegations of Infringement by Third Parties Clause in Contracts

Allegations of Infringement by Third Parties. In the event that Warner or LeukoSite receives notice that any action by either of them under this Agreement is alleged to be a violation of the patent or other intellectual property rights of a third party, it shall immediately notify the other party to this Agreement. The Management Committee shall promptly determine an appropriate response and course of action. In the case of a Warner-LeukoSite Product Warner will control any defense, and the costs thereof (including any damages, costs or expenses resulting from any action) shall be borne by Warner. In the case of a Warner Product or a LeukoSite Product the control and costs of defense (including any damages, costs or expenses resulting from any action) will be borne by Warner or LeukoSite, respectively.

Allegations of Infringement by Third Parties. In the event that Warner or LeukoSite receives notice that any action by either of them under this Agreement is alleged to be a violation of the patent or other intellectual property rights of a third party, it shall immediately notify the other party to this Agreement. The Management Committee shall promptly determine an appropriate response and course of action. In the case of a Warner-LeukoSite Product Product, Warner will control any defense, and the costs thereof (including any damages, costs or expenses resulting from any action) shall be borne by Warner. In the case of a Warner Product or a LeukoSite Product the control and costs of defense (including any damages, costs or expenses resulting from any action) will be borne by Warner or LeukoSite, respectively.

Allegations of Infringement by Third Parties. In the event that Warner or LeukoSite receives notice that any action by either of them under this Agreement is alleged to be a violation of the patent or other intellectual property rights of a third party, it shall immediately notify the other party to this Agreement. The Management Committee shall promptly determine an appropriate response and course of action. In the case of a Warner-LeukoSite Product Warner will control any defense, and the costs thereof (including any damages, costs or expenses resulting from any action) shall be borne by Warner. 19 19 In the case of a Warner Product or a LeukoSite Product the control and costs of defense (including any damages, costs or expenses resulting from any action) will be borne by Warner or LeukoSite, respectively.