CombiChem Failure Clause Samples

CombiChem Failure. CombiChem may elect upon ninety (90) days prior notice to discontinue prosecution of any patent applications filed pursuant to Sections 9.2.1(a) or (c) above and/or not to file or conduct any further activities with respect to the patent applications or patents subject to such Sections. In the event CombiChem declines to file or having filed fails to further prosecute or maintain any patent applications or patents subject to Sections 9.2.1(a) or (c) above, or conduct any interferences, re-examinations, reissues, oppositions, then, subject to CombiChem's agreements with third parties, Teijin shall have the right to prepare, file, prosecute and maintain such patent applications and patents in such countries worldwide (with respect to elections under Section 9.2.1(a)) or in the CombiChem Territory (with respect to elections under Section 9.2.1(c)) it (a) shall be deducted from royalties owed by Teijin to CombiChem.