Common use of Generic Entry Clause in Contracts

Generic Entry. Notwithstanding any provisions of this Section 9.2 to the contrary, each party shall promptly give written notice to the other of any filing of which it becomes aware, for regulatory approval of a generic form of the Licensed Product if such filing becomes permissible in any country of the Territory during the term of this Agreement. Takeda shall then have the right to bring such an infringement action, in its sole discretion and at its own expense, in its own name and/or in the name of ▇▇▇▇▇ using the procedure set forth in Section 9.2(b). If Takeda does not wish to bring such action it shall notify ▇▇▇▇▇ promptly, in such a manner as to not prejudice such infringement action, and ▇▇▇▇▇ may bring such action using the procedure set forth in Section 9.2(c). For the avoidance of doubt, if Takeda does not initiate an infringement action hereunder on the advice of outside patent counsel, then ▇▇▇▇▇ agrees not to (and shall cause, to the extent ▇▇▇▇▇ has the legally enforceable right to do so, its licensor(s) not to) initiate such an action without Takeda’s prior consent not to be unreasonably withheld or delayed.