Enforcement of Sublicense Agreements. If, within [***] ([***]) calendar days after first learning of a material breach of the terms of any such sublicense agreement, Novartis does not take any action to enforce the sublicense terms of a sublicense granted pursuant to this Section 5.2, which failure could cause a material adverse effect on Akcea, Novartis hereby grants Akcea the right to enforce such sublicense terms on Novartis’ behalf and will cooperate with and support Akcea (which cooperation will be at Novartis’ sole expense and will include, Novartis joining any action before a court or administrative body filed by Akcea against such Sublicensee if and to the extent necessary for Akcea to have legal standing before such court or administrative body) in connection with enforcing such terms.
Enforcement of Sublicense Agreements. MIL shall take all appropriate measures at MIL's expense promptly and diligently to enforce the terms of any sublicense agreement or other agreement with any Subsidiary and shall restrain any such Subsidiary from violating such terms, including without limitation (i) monitoring the Subsidiaries' compliance with the terms and conditions of this Agreement and causing any noncomplying Subsidiary promptly to remedy any failure, (ii) terminating such agreement and/or (iii) commencing legal action, in each case, using a standard of care consistent with MIL's practices as of the Separation Date. In the event that Mykrolis determines that MIL has failed promptly and diligently to enforce the terms of any such agreement using such standard of care, Mykrolis reserves the right to enforce such terms, and MIL shall reimburse Mykrolis for its fully allocated direct costs and expenses incurred in enforcing such agreement, plus all out-of-pocket costs and expenses, plus five percent (5%).
Enforcement of Sublicense Agreements. If, within [***] days after first learning of any breach of the terms of any such sublicense agreement, Bayer fails to take any action to enforce the sublicense terms of a sublicense granted pursuant to this Section 5.1.4, which failure would cause a material adverse effect on Isis, Bayer will cooperate with and support Isis (which cooperation will be at Bayer’s sole reasonable expense and will include, Bayer joining any action before a court or administrative body filed by Isis against such Sublicensee if and to the extent necessary for Isis to have legal standing before such court or administrative body) in connection with enforcing such terms. Bayer will provide Isis with a copy of any sublicense granted pursuant to this Section 5.1.4 within [***] days after the execution thereof; provided, however, Bayer may redact any information in such sublicense that does not pertain to Products.
Enforcement of Sublicense Agreements. Licensee and its Distributors shall use commercially reasonable efforts to enforce each Distributor License Agreement and End User License Agreement, whichever may be relevant, with at least the same degree of diligence used in enforcing similar agreements covering others, which in any event shall be sufficient to adequately enforce such agreements. Licensee shall use commercially reasonable efforts to protect Licensor's copyright, shall notify Licensor of any breach of material obligation under a Distributor License Agreement or an End User License Agreement affecting Licensed Products, and will cooperate with Licensor in any legal action to prevent or stop unauthorized use, reproduction or distribution of the Licensed Products or the relevant technology.
Enforcement of Sublicense Agreements. CryoCath shall, at its own expense, use commercially reasonable efforts to monitor Sub-licensees and investigate each report and indication of breach of any Sublicense Agreement, and CryoCath shall promptly report to Endocare any material breach pertaining to the Technology discovered or learned of by CryoCath. CryoCath will diligently enforce the terms and conditions of each Sublicense Agreement, including, without limitation, (a) pursuing appropriate judicial and administrative action and relief in the event of any material breach by the Sub-licensee of any terms of the Sublicense Agreement in respect of the Technology and (b) upon Endocare's reasonable request, terminating the Sublicense Agreement upon a material breach by the Sub-licensee of any terms of the Sublicense Agreement in respect of the Technology if such material breach has not been cured within thirty (30) days from the date of such request by Endocare. Notwithstanding any of the foregoing to the contrary, and in addition to any right Endocare has against any Sub-licensee under applicable law (but subject to the limitations in Section 3.2), any act or omission by a Sub-licensee which, if committed by CryoCath, would be a breach of this Agreement shall be treated as if such act or omission had been committed by CryoCath directly and Endocare's sole and exclusive rights and remedies for such breach as against CryoCath shall be those rights and remedies for such breach set forth in this Agreement.
Enforcement of Sublicense Agreements. SP shall use commercially reasonable efforts to enforce each Customer Agreement with at least the same degree of diligence used in enforcing similar agreements covering Customers of SP's own products. SP shall promptly notify iPass of any material breach under a Customer Agreement and will cooperate with iPass and/or iPass Suppliers in any legal action to prevent or stop unauthorized use, reproduction or distribution of the Software.
Enforcement of Sublicense Agreements. Developer, Developer's licensees and Developer's distributors shall enforce any license
Enforcement of Sublicense Agreements. Developer, Developer's licensees and Developer's distributors shall enforce any license * Confidential treatment has been requested by the Registrant as to certain portions of this exhibit. The omitted portions have been separately filed with the Commission.
Enforcement of Sublicense Agreements. Intraware shall use commercially reasonable efforts to enforce each End User License Agreement, with at least the same degree of diligence used in enforcing similar agreements governing others. Intraware shall use commercially reasonable efforts to protect Netscape's copyright, and Intraware shall notify Netscape of any breach of a material obligation under an End User License Agreement affecting Netscape Products or Documentation, and will cooperate with Netscape in any legal action to prevent or stop unauthorized use, reproduction or distribution of Netscape Products or Documentation.
Enforcement of Sublicense Agreements. In the event of a material breach of any sublicense granted by Novartis pursuant to Section 5.3.1 (Right to Grant Sublicenses), [***], Novartis will inform Xxxxx promptly after becoming aware of such breach. If such breach is [***], then Ionis may request Novartis to enforce the terms of the breached provision(s) of such sublicense. If Novartis fails to take any action to enforce such terms within [***] after Ionis’ request, then, [***], Ionis may enforce such terms on Novartis’ behalf and, in such case, Novartis will cooperate with Ionis, upon Ionis’ reasonable request, in connection with enforcing such terms. Notwithstanding the foregoing, Ionis shall not have the right to amend or otherwise modify the terms of any such sublicense or impose any obligations on Novartis in connection with such enforcement. For clarity, this Section 5.3.3 (Enforcement of Sublicense Agreements) will not limit or modify Novartis’ obligation to remain responsible to Ionis for Novartis’ sublicensees’ compliance with the terms and conditions of this Agreement.
