Common use of Challenge to Validity Clause in Contracts

Challenge to Validity. 8.1 In the event the Company or a third party contests or otherwise challenges the validity of the Patent Right, the Company shall continue to pay royalties with respect to the patent as if such contest or challenge were not underway until the patent is adjudicated invalid or unenforceable by a court of last resort. In the event any such claims are ultimately held valid by a court of last resort, then the Company shall reimburse PFRM for its actual expenses, including reasonable attorneys fees, incurred in defending said contest of validity.