Common use of Back-Up Right Clause in Contracts

Back-Up Right. If ATI does not, within 180 days after the first notice between the Parties under Section 5.6(a) of the applicable Product Infringement, bring suit against the Product Infringer, then Rigel shall have the right but not the obligation to do so at its sole expense (including costs of ATI’s cooperation as required under subsection 5.6(d)). [***].

Appears in 2 contracts

Sources: License and Collaboration Agreement (Aclaris Therapeutics, Inc.), License and Collaboration Agreement (Aclaris Therapeutics, Inc.)