Common use of Further Obligations Clause in Contracts

Further Obligations. (a) Except as otherwise provided in Article 7, each party's responsibilities for patent prosecution activities pursuant to this Article 6 shall also include ex parte and inter partes activities relating to the relevant patent applications and patents, including all interference, opposition and observation proceedings before any patent offices and litigation to determine the validity, enforceability, allowability or subsistence of such patent applications and patents. Each party agrees to give due consideration to the other party's or its sublicensee's position with respect to any such patent prosecution activities, (which term as used herein, shall include without limitation, any inter partes activities of the type described in the first sentence of this subparagraph (a)). In the event a party fails to initiate or pursue any patent prosecution activities for which it is responsible, or having commenced such patent prosecution activities, declines to pursue such patent prosecution activities, it shall give notice to the other party pursuant to the applicable provisions of subparagraph (b) below and the other party or its sublicensees, as applicable, may initiate, pursue or assume such patent prosecution activities, at its sole expense.

Further Obligations. (a) Except as otherwise provided in Article 78, each party's ’s responsibilities for patent prosecution activities pursuant to this Article 6 7 shall also include all ex parte and inter partes activities relating to the relevant patent applications and patents, including all interference, opposition and observation proceedings before any patent offices and litigation to determine the validity, enforceability, allowability or subsistence of such patent applications and patents. Each party agrees to give due consideration to the other party's ’s or its sublicensee's ’s position with respect to any such patent prosecution activities, activities (which term term, as used herein, shall include without limitation, any inter partes activities of the type described in the first sentence of this subparagraph (a)). In the event a party fails to initiate or pursue any patent prosecution activities for which it is responsible, or having commenced such patent prosecution activities, declines to pursue such patent prosecution activities, it shall give notice to the other party pursuant to the applicable provisions of subparagraph (b) below and the other party or its sublicenseessublicensee, as applicable, may initiate, pursue or assume such patent prosecution activities, at as its sole expense.

Further Obligations. (a) Except as otherwise provided in Article 7Articles 11 and 20, each party's responsibilities for patent prosecution activities pursuant to this Article 6 10 shall also include all ex parte and inter partes activities relating to the defending such party's relevant patent applications and patents, including all interference, opposition defense and observation defense proceedings before any patent offices and litigation to determine the validity, enforceability, allowability or subsistence of such patent applications and patents. Each party agrees to give due consideration to the other party's or its sublicensee's position with respect to any such patent prosecution activities, activities (which term term, as used herein, shall include without limitation, any inter partes activities of the type described in the first sentence of this subparagraph Subsection 10.5 (a)). In the event a party fails to initiate or pursue any patent prosecution activities for which it is responsible, or having commenced such patent prosecution activities, declines to pursue such patent prosecution activities, it shall give notice to the other party pursuant to the applicable provisions of subparagraph (b) below and the other party or its sublicensees, as applicable, may initiate, pursue or assume such patent prosecution activities, at its sole expense.

Further Obligations. (a) Except as otherwise provided in Article 78, each party's ’s responsibilities for patent prosecution activities pursuant to this Article 6 7 shall also include all ex parte and inter partes activities relating to the relevant patent applications and patents, including all interference, opposition and observation proceedings before any patent offices and litigation to determine the validity, enforceability, allowability or subsistence of such patent applications and patents. Each party agrees to give due consideration to the other party's ’s or its sublicensee's ’s position with respect to any such patent prosecution activities, activities (which term term, as used herein, shall include without limitation, any inter partes activities of the type described in the first sentence of this subparagraph (a)). In the event a party fails to initiate or pursue any patent prosecution activities for which it is responsible, or having commenced such patent prosecution activities, declines to pursue such patent prosecution activities, it shall give notice to the other party pursuant to the applicable provisions of subparagraph (b) below and the other party or its sublicenseessublicensee, as applicable, may initiate, pursue or assume such patent prosecution activities, at its sole expense.

Further Obligations. (a) Except as otherwise provided in Article 7, each party's ’s responsibilities for patent prosecution activities pursuant to this Article 6 shall also include ex parte and inter partes activities relating to the relevant patent applications and patents, including all interference, opposition and observation proceedings before any patent offices and litigation to determine the validity, enforceability, allowability or subsistence of such patent applications and patents. Each party agrees to give due consideration to the other party's ’s or its sublicensee's ’s position with respect to any such patent prosecution activities, (which term as used herein, shall include without limitation, any inter partes activities of the type described in the first sentence of this subparagraph (a)). In the event a party fails to initiate or pursue any patent prosecution activities for which it is responsible, or having commenced such patent prosecution activities, declines to pursue such patent prosecution activities, it shall give notice to the other party pursuant to the applicable provisions of subparagraph (b) below and the other party or its sublicensees, as applicable, may initiate, pursue or assume such patent prosecution activities, at its sole expense.

Further Obligations. (a) Except as otherwise provided in Article 7Articles 8 and 15, each party's responsibilities for patent prosecution activities pursuant to this Article 6 7 shall also include ex parte all other EX PARTE and inter partes INTER PARTES activities relating to the relevant patent applications and patents, including all interference, opposition and observation proceedings before any patent offices and litigation pertaining to determine the validity, enforceability, allowability or subsistence of such patent applications and patents. Each party agrees to give due consideration to the other party's or its sublicensee's position with respect to any such patent prosecution activities, activities (which term term, as used herein, shall include without limitation, any inter partes INTER PARTES activities of the type described in the first sentence of this subparagraph subsection 7.5 (a)). In the event a party fails to initiate or pursue any patent prosecution activities for which it is responsible, or having commenced such patent prosecution activities, declines to pursue such patent prosecution activities, it shall give notice to the other party pursuant to the applicable provisions of subparagraph (b) below and the other party or its sublicensees, as applicable, may initiate, pursue or assume such patent prosecution activities, at its sole expense; provided, however, that in the case of Triangle's initiation, pursuit or assumption of patent prosecution activities in respect of Mitsubishi Patents in a given country, Triangle shall be able to credit the out-of-pocket expenses so incurred against earned royalties due hereunder with respect to Licensed Products sold in such *** Portions of this page have been omitted pursuant to a request for Confidential Treatment and filed separately with the Commission.

Further Obligations. (a) Except as otherwise provided in Article 7Articles 9 and 18, each party's responsibilities for patent prosecution activities pursuant to this Article 6 8 shall also include all ex parte and inter partes activities relating to the relevant patent applications and patents, including all interference, opposition and observation proceedings before any patent offices and litigation to determine the validity, enforceability, allowability or subsistence of such patent applications and patents. Each party agrees to give due consideration to the other party's or its sublicensee's position with respect to any such patent prosecution activities, activities (which term term, as used herein, shall include without limitation, any inter partes activities of the type described in the first sentence of this subparagraph Subsection 8.5 (a)). In the event a party fails to initiate or pursue any patent prosecution activities for which it is responsible, or having commenced such patent prosecution activities, declines to pursue *** Portions of this page have been omitted pursuant to a request for Confidential Treatment and filed separately with the Commission. such patent prosecution activities, it shall give notice to the other party pursuant to the applicable provisions of subparagraph (b) below and the other party or its sublicensees, as applicable, may initiate, pursue or assume such patent prosecution activities, at its sole expense.

Further Obligations. (a) Except as otherwise provided in Article 78, each party's responsibilities for patent prosecution activities pursuant to this Article 6 7 shall also include all ex parte and inter partes activities relating to the relevant patent applications and patents, including all interference, opposition and observation proceedings before any patent offices and litigation to determine the validity, enforceability, allowability or subsistence of such patent applications and patents. Each party agrees to give due consideration to the other party's or its sublicensee's position with respect to any such patent prosecution activities, activities (which term term, as used herein, shall include without limitation, any inter partes activities of the type described in the first sentence of this subparagraph (a)). In the event a party fails to initiate or pursue any patent prosecution activities for which it is responsible, or having commenced such patent prosecution activities, declines to pursue such patent prosecution activities, it shall give notice to the other party pursuant to the applicable provisions of subparagraph (b) below and the other party or its sublicenseessublicensee, as applicable, may initiate, pursue or assume such patent prosecution activities, at its sole expense.