Common use of Competitive Infringement Clause in Contracts

Competitive Infringement. As between the Parties, AstraZeneca will have the first right, but not the obligation, to seek to xxxxx any actual or suspected Competitive Infringement of any Compound Claims by a Third Party, or to file suit against any such Third Party for such Competitive Infringement. If AstraZeneca does not take steps to xxxxx any such Competitive Infringement, or file suit to enforce the Compound Claims against such Third Party with respect to such Competitive Infringement, within a commercially reasonably time, BIND will have the right (but not the obligation) to take action to enforce the Compound Claims against such Third Party for such Competitive Infringement. The controlling Party will pay all its Patent Costs incurred for such enforcement. Neither Party will exercise any of its enforcement rights under this Section 11.2(a) without first consulting with the other Party, provided that this consultation requirement will not limit each Party’s rights under this Section 11.2(a).

Competitive Infringement. As between the Parties, AstraZeneca Amgen will have the first right, but not the obligation, to seek to xxxxx any actual or suspected Competitive Infringement of any Compound Product Candidate Claims by a Third Party, or to file suit against any such Third Party for such Competitive Infringement. If AstraZeneca Amgen does not take steps to xxxxx the any such Competitive Infringement, or file suit to enforce the Compound Product Candidate Claims against such Third Party with respect to such Competitive Infringement, within a commercially reasonably time, BIND will have the right (but not the obligation) to take action to enforce the Compound Product Candidate Claims against such Third Party for such Competitive Infringement. The controlling Party will pay all its Patent Costs incurred for such enforcement. Neither Party will exercise any of its enforcement rights under this Section 11.2(a12.2(a) without first consulting with the other Party, provided that this consultation requirement will not limit each Party’s rights under this Section 11.2(a12.2(a). Amgen Contract No.: 2013579490 28 EXECUTION COPY