Failure to Prosecute. Either party may elect upon sixty (60) days prior notice to discontinue prosecution or maintenance of any patent within Joint Technology in any or all countries. In such case, the other party shall have the right to prosecute and maintain such patent applications and patents in such countries it deems appropriate, at its sole expense.
Failure to Prosecute. If LICENSEE breaches its obligation to reimburse patent costs, if applicable, or fails to comply with its obligations as set forth in this Section 7, ARIZONA will be free to file or continue prosecution or maintain any such application(s), and to maintain any protection issuing thereon in the U.S. and in any foreign country at ARIZONA’S sole discretion and expense.
Failure to Prosecute. (a) Pharmacopeia Failure to Prosecute. Pharmacopeia may elect, upon --------------------------------- ninety (90) days prior notice, to discontinue prosecution of any patent applications filed by Pharmacopeia pursuant to Section 10.2.1(a) or 10.2.1(b)(ii) 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 Pharmacopeia declines to file or, having filed, fails to further prosecute or maintain any patent applications or patents described in such Sections, or conduct any proceedings including, but not limited to, interferences, re-examinations, reissues, oppositions relating thereto, then BMS shall have the right to prepare, file, prosecute and maintain such patent applications and patents in such countries as it deems appropriate, and conduct such proceedings, at its sole expense. In such case, Pharmacopeia shall immediately execute all necessary documents that may be required in order to enable BMS to file, prosecute and maintain such patent applications and to conduct any such proceedings.
Failure to Prosecute. Should a Party fail to or choose not to prosecute or maintain any patents relating to the Licensor Technology or pay for the prosecution of any patents relating to the Joint Technology, the other Party shall have the right to prosecute and/or maintain such patents subject to such other Party paying for and undertaking such obligation to prosecute and maintain any such patents. Should the other Party undertake the obligation to prosecute and maintain and pay for any such patents, the non-prosecuting Party shall relinquish its right, if any, to prosecute the patent, and the non-prosecuting Party shall assign and shall be deemed to have assigned all of its rights in same to the prosecuting Party. Upon assignment of any such patent, the assigning Party shall be granted by the other Party a license to such patent that is commensurate in scope to the rights enjoyed by the assigning Party in such patent pursuant to this Agreement prior to the assignment.
Failure to Prosecute. If the Prosecuting Party elects not to Prosecute and Maintain any Patents under Clauses 12.2.1, 12.2.2 or 12.3.1, the Prosecuting Party shall provide at least […***…] written notice to Non-Prosecuting Party describing with specificity such election. Thereafter, Non-Prosecuting Party shall have the right, but not the obligation, to Prosecute and Maintain any such notified Patents, at […***…] and in its sole discretion. Prosecuting Party will provide reasonable cooperation and assistance to Non-Prosecuting Party in relation to transferring such Prosecution and Maintenance. Clause 12.4 shall continue to apply in relation to ongoing Prosecution and Maintenance of any transferred Patents.
Failure to Prosecute. REPRESENTS CONFIDENTIAL PORTION WHICH HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SEC. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS. -12- *****
Failure to Prosecute. 10.1 Should the Subcontractor at any time refuse or neglect to supply a sufficiency of skilled workmen or materials of the proper quality and quantity, or fail in any respect to prosecute the Work with promptness and diligence, or cause by any action or omission the stoppage or delay of or interference with the Work of Terremark or of any other subcontractors on the building, or fail in performance of any of the agreements on its part contained herein, or become bankrupt or insolvent or go into liquidation either voluntarily or under an order of a court of competent jurisdiction or make a general assignment for the benefit of creditors or otherwise acknowledge insolvency, Terremark shall be at liberty, after 72 hours written notice to the Subcontractor, mailed or delivered to the last known address of the later, to provide through itself or through others, any such labor or materials, and to deduct the cost thereof from any money due to, and thereafter to become due to, the Subcontractor for said Work and to enter on the premises and take possession, for the purpose of completing the Work included in this Contract, of all materials, tools, equipment and appliances thereon, and to employ any other person or persons to finish the Work, and to provide materials, tools, equipment and appliances thereon, and to employ any other person or persons to finish the Work, and to provide materials therefore, the Subcontractor hereby assigns, transfers and sets over unto Terremark all said materials, tools, equipment and appliances. In case of such termination of the employment of the Subcontractor, the said Subcontractor shall not be entitled to receive any further payment under this Contract until said Work shall be wholly finished, at which time, if the unpaid balance of the amount to be paid by Terremark to the Subcontractor exceeds the expense incurred by Terremark in finishing the Work, such excess shall be paid by Terremark to the Subcontractor. The expense incurred by Terremark shall include the cost of furnishing all materials and labor utilized in of finishing the Work, and any damages incurred through the default of the Subcontractor. Terremark's right to take over the Project under this paragraph shall apply only if Subcontractor fails to diligently cure any default in the prosecution of its works which default is not remedied within 30 days of receipt by Subcontractor of written notice of such default by Terremark.
Failure to Prosecute. In the event that Medarex declines to file --------------------- or, having filed, declines to further prosecute and maintain any patent applications or patents subject to Section 8.2.1 above, Medarex shall provide Centeon notice thereof prior to the expiration of any deadline relating to such activities, but in any event at least thirty (30) days prior notice, and Centeon shall have the right to file, prosecute and maintain such patent applications or patents in the name of Medarex, at Centeon's expense, using counsel of its choice.
Failure to Prosecute. In the event that FibroGen declines to file or, having filed, declines to further prosecute and maintain any patent applications or patents subject to Section 10.1 above, FibroGen shall provide Medarex notice thereof prior to the expiration of any deadline relating to such activities, as much in advance as practicable, but in any event at least ten (10) days prior notice, and Medarex shall have the right to file, prosecute and maintain such patent applications or patents in the name of FibroGen, at Medarex’s expense, using counsel of its choice.
Failure to Prosecute. In the event Tenant is required or undertakes to perform or complete any construction work, installation of fixtures or other construction pursuant to this Lease, either before or after the Commencement Date, if Tenant shall neglect, fail or refuse to commence its work as required or thereafter to diligently proceed and complete such work, then Landlord, in addition to any other rights or remedies it may have, may (i) after thirty (30) days prior written notice to Tenant, complete Tenant’s Work at Tenant’s expense; (ii) commence or recommence all of Tenant’s payment obligations pursuant to this Lease, notwithstanding incompletion of such work; and/or (iii) proceed pursuant to Section 16 with respect to any default under this Lease.
