Common use of Discontinued Product Clause in Contracts

Discontinued Product. If a Third Party initiates a Proceeding claiming that any Patent Right or Know-How owned by or licensed to such Third Party is infringed by the Development, Manufacture or Commercialization of a Discontinued Product, ▇▇▇▇ will have the first right, but not the obligation, to defend against and settle such Proceeding at its sole cost and expense. AstraZeneca will reasonably assist ▇▇▇▇ in defending such Proceeding and cooperate in any such litigation at the request and expense of ▇▇▇▇. Each Party may at its own expense and with its own counsel join any defense directed by the other Party. Isis will provide AstraZeneca with prompt written notice of the commencement of any such Proceeding, or of any allegation of infringement of which ▇▇▇▇ becomes aware and that is of the type described in this Section 7.4.3, and ▇▇▇▇ will promptly furnish AstraZeneca with a copy of each communication relating to the alleged infringement received by ▇▇▇▇.

Discontinued Product. If a Third Party initiates a Proceeding claiming that any Patent Right or Know-How owned by or licensed to such Third Party is infringed by the Development, Manufacture or Commercialization of a Discontinued Product, ▇▇▇▇ Isis will have the first right, but not the obligation, to defend against and settle such Proceeding at its sole cost and expense. AstraZeneca will reasonably assist ▇▇▇▇ in defending such Proceeding and cooperate in any such litigation at the request and expense of ▇▇▇▇. Each Party may at its own expense and with its own counsel join any defense directed by the other Party. Isis will provide AstraZeneca with prompt written notice of the commencement of any such Proceeding, or of any allegation of infringement of which ▇▇▇▇ becomes aware and that is of the type described in this Section 7.4.39.4.3, and ▇▇▇▇ will promptly furnish AstraZeneca with a copy of each communication relating to the alleged infringement received by ▇▇▇▇.

Discontinued Product. If a Third Party initiates a Proceeding claiming that any Patent Right or Know-How owned by or licensed to such Third Party is infringed by the Development, Manufacture or Commercialization of a Discontinued Product, ▇▇▇▇ Isis will have the first right, but not the obligation, to defend against and settle such Proceeding at its sole cost and expense. AstraZeneca will reasonably assist ▇▇▇▇ in defending such Proceeding and cooperate in any such litigation at the request and expense of ▇▇▇▇. Each Party may at its own expense and with its own counsel join any defense directed by the other Party. Isis will provide AstraZeneca with prompt written notice of the commencement of any such Proceeding, or of any allegation of infringement of which ▇▇▇▇ becomes aware and that is of the type described in this Section 7.4.3, and ▇▇▇▇ will promptly furnish AstraZeneca with a copy of each communication relating to the alleged infringement received by ▇▇▇▇.

Discontinued Product. If a Third Party initiates a Proceeding claiming that any Patent Right or Know-How owned by or licensed to such Third Party is infringed by the Development, Manufacture or Commercialization of a Discontinued Product, ▇▇▇▇ Isis will have the first right, but not the obligation, to defend against and settle such Proceeding at its sole cost and expense. AstraZeneca will reasonably assist ▇▇▇▇ Isis in defending such Proceeding and cooperate in any such litigation at the request and expense of ▇▇▇▇Isis. Each Party may at its own expense and with its own counsel join any defense directed by the other Party. Isis will provide AstraZeneca with prompt written notice of the commencement of any such Proceeding, or of any allegation of infringement of which ▇▇▇▇ Isis becomes aware and that is of the type described in this Section 7.4.39.4.3, and ▇▇▇▇ Isis will promptly furnish AstraZeneca with a copy of each communication relating to the alleged infringement received by ▇▇▇▇Isis.