By Third Parties. If an Onconova Patent (including a Joint Patent) becomes the subject of any proceeding commenced by a Third Party in the Licensed Territory in connection with an opposition, reexamination request, action for declaratory judgment, nullity action, interference, or other attack upon the validity, title or enforceability thereof (except insofar as such action is a counterclaim to or defense of, or accompanies a defense of, an action for infringement against a Third Party under Section 7.5, in which case the provisions of Section 7.5 shall govern), then Onconova shall have the first right, but not the obligation, to control such defense at its sole cost. Onconova shall permit SymBio to participate in the proceeding to the extent permissible under Laws, and to be represented by its own counsel in such proceeding, as SymBio’s sole expense. If Onconova decides that it does not wish to defend against such action, then SymBio shall have a backup right to assume defense of such Third-Party action. Except as set forth above, all expenses incurred by the Parties in such an action shall be borne by the Party controlling the defense of the Third-Party action. Any awards or amounts received in defending any such Third-Party action, if any, shall be allocated between the Parties as provided in Section 7.5(vi) as if the Party controlling the defense of the Third-Party Action were the Party that brought an action against an alleged infringer.
By Third Parties. McGill and Licensee agree to inform the other Party promptly in writing of any actual or suspected infringement of the LICENSED PATENT or LICENSED INTELLECTUAL PROPERTY by a third party. Licensee shall have, for a period of 120 days from the date of any notice of infringement of the Licensed Patent or LICENSED INTELLECTUAL PROPERTY, the first right to institute suit against such third party. Thereafter, McGill and Licensee shall each have the right to institute an action for infringement of the Licensed Patent against such third party in accordance with the following:
By Third Parties. Notwithstanding anything to the contrary in Section 5.1.1, nothing in this Agreement shall prohibit any Third Party that owns or controls a proprietary compound included in any Combination Regimen that has received Regulatory Approval in the applicable country and who is the MA holder, or is authorized by the MA holder, for such compound from promoting or co-promoting with BeiGene or Novartis in the BeiGene Territory or the Novartis Territory any Combination Regimen consisting of the Licensed Product and one or more of such Third Party’s proprietary compounds referencing the generic name of the Licensed Product (tislelizumab) and, with the prior written permission of BeiGene in the BeiGene Territory, to the extent permitted by Applicable Law, the brand name of the Licensed Product in the BeiGene Territory or, with the prior written permission of Novartis in the Novartis Territory, to the extent permitted by Applicable Law, the brand name of the Licensed Product in the Novartis Territory (“Third Party Permitted Commercialization Activities”). Novartis will not prevent any such Third Party from obtaining supply of Licensed Product in the Novartis Territory from wholesalers on the open market, subject to the availability of supply of the Licensed Product.
By Third Parties. (a) If a Novan Patent (excluding a Joint Patent) becomes the subject of any proceeding commenced by a Third Party in the Licensed Territory in connection with an opposition, reexamination request, action for declaratory judgment, nullity action, interference, or other attack upon the validity, title or enforceability thereof (except insofar as such action is a counterclaim to or defense of, or accompanies a defense of, an action for infringement against a Third Party under Section 7.5, in which case the provisions of Section 7.5 shall govern), then [***] shall control such defense at its sole cost. Upon [***] request, [***] shall reasonably cooperate with [***] in such defense at [***] cost. Subject to Section 7.11, [***] shall permit [***] to participate in the proceeding to the extent permissible under Laws, and to be represented by its own counsel in such proceeding, at [***] sole expense.
By Third Parties. Except as otherwise provided in this Section ---------------- 11.4, no party will seek indemnification from any other party from and against any Losses arising out of or resulting from any third-party claims brought against such party's use of Third-Party Intellectual Property and alleging that such use infringes such third party's trademark, copyright, trade secret or patent. Instead, the affected party will seek indemnification from the owner or licensor of such Third-Party Intellectual Property.
By Third Parties. To the knowledge of the Company and its Subsidiaries, no Person is misappropriating, infringing or violating any Company Intellectual Property, and no such claims have been brought against any Person by the Company or any of its Subsidiaries.
By Third Parties. To the knowledge of the Buyer and its Subsidiaries, no Person is misappropriating, infringing or violating any Buyer Intellectual Property, and no such claims have been brought against any Person by the Buyer or any of its Subsidiaries.
By Third Parties. 8.11. The OPERATING COMPANY may chose between executing the Investment Period Works with its own means or via subcontracting thereof with third parties. Without prejudice to the foregoing, the OPERATING COMPANY shall be responsible in relation to ESSALUD for the work executed by the subcontractors which shall not maintain any link with ESSALUD, being under the sole supervision of the OPERATING COMPANY.
By Third Parties. This Franchise shall not prohibit haulers of Solid Waste other than Franchise Materials from hauling such waste over County streets in accordance with Applicable Law.
By Third Parties. 11.4 Unless otherwise agreed upon in individual cases, the commission shall be paid in the currency in which the order will be settled and shall become due upon complete payment of the order and after the release of all guarantees, bonds and sureties related to the order.
