In the Field uniQure shall have the first right, but not the obligation, to initiate a lawsuit or take other reasonable action to enforce the Joint Patent Rights against any infringement in the Field. 4DMT shall cooperate in the prosecution of any such suit as may be reasonably requested by uniQure, including joining any action as party-plaintiff at uniQure’s sole discretion; provided that uniQure shall promptly reimburse all out-of-pocket expenses (including reasonable counsel fees and expenses) actually incurred by 4DMT in connection with such cooperation.
In the Field. During the Research Program Term, Symyx shall not conduct any research activities outside the Research Program, on its own behalf or on behalf of any Third Party, directed to the screening, discovery, and optimization of catalysts and catalyst systems, including but not limited to catalyst supports, activators and scavenging agents, for the purpose of making Olefin Polymers within the scope of the Field. In addition, during the Research Program Term, Symyx shall not knowingly provide Library Compounds to a Third Party for use in screening, discovery, and optimization of catalysts and catalyst systems (including but not limited to catalyst supports, activators and scavenging agents) for the purpose of making Olefin Polymers.
In the Field. During the Program Term, Symyx shall not conduct any research activities outside the Research Program, on its own behalf or on behalf of any Third Party, directed to*, for the purpose of making Products within the scope of the Field applicable at that time, provided that Symyx shall not be precluded from conducting any research activities outside the Research Program, on its own behalf or on behalf of any Third Party, directed to*. In addition, during the Program Term, Symyx shall not knowingly provide Library Compounds for screening in a particular Field to a Third Party for use in * for the purpose of making Products within the scope of such particular Field. Symyx shall be permitted to engage in optimization projects on its own behalf or on behalf of a Third Party, within the Field applicable at that time, provided that work for or on behalf of the Third Party shall be limited to*.
In the Field. If the Parties determine that a Third Party is infringing the Licensed Patents in the Field, Lupa Bio will have the first right to lead the enforcement of the Licensed Patents, including enforcement against a Third Party marketing a medical food or supplement product within the Field by the inclusion of health claims or dosing recommendations to achieve therapeutic effect (“Non-Therapeutic Infringement in the Field”). If Lupa Bio (i) provides written notice to Glycosyn that Lupa Bio does not intend to enforce the Licensed Patents or (ii) does not enforce the Licensed Patents within [***] of becoming aware of potential Third Party infringement, Glycosyn will have the right to enforce the Licensed Patents within the Field without written consent of Lupa Bio.
In the Field. Subject to the terms and conditions of this Agreement, Monsanto hereby grants to Landec a non-exclusive, royalty-free license to exploit the Monsanto Improvements within the Field in the Territory solely to make and use (but not sell) Licensed Products, provided that Landec may sell Licensed Products that exploit the Monsanto Improvements pursuant to Section 5.3.1.
In the Field. During the Research Program Term, Symyx shall not conduct any research activities outside the Research Program, on its own behalf or on behalf of any Third Party, directed to [******] within the scope of the Field. In addition, during the Research Program Term, Symyx shall not knowingly provide Library Compounds to a Third Party for use in [******].
In the Field. ENDO’s Field Force shall be trained and shall commence Detailing on the later of (i) *** weeks of the Effective Date of this Agreement; or (ii) *** weeks from ENDO’s receipt of at least *** of the supplies of the Licensed Product and samples suitable for Launch as ordered by ENDO in accordance with Section 5 in order to support Launch of the Licensed Product.
In the Field. During the period beginning on the Effective Date and ending on the earlier of (A) [**] or (B) the expiration or termination of this Agreement, except pursuant to the terms of this Agreement, neither Pharmacyclics nor any of its Affiliates shall directly or indirectly Develop, Manufacture or Commercialize in the Field, nor collaborate with, license, enable or otherwise authorize or grant any right to any Third Party to Develop, Manufacture or Commercialize in the Field, [**]. Notwithstanding the foregoing, the performance of Development activities in the Field with respect to any compound that is a [**] by Pharmacyclics or its Affiliates shall not violate this Section 3.5.1 if [**]. For avoidance of doubt, nothing in this Section 3.5.1 is intended to restrict or prohibit Pharmacyclics or its Affiliates from Developing, Manufacturing or Commercializing any compound or product that does not fall within clauses (i)-(v) of this Section 3.5.1 for any Indication in the Field. [**] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.
In the Field. During the period beginning on the Effective Date and ending on the earlier of (A) [**] or (B) the expiration or termination of this Agreement, except pursuant to the terms of this Agreement, neither JBI nor any of its Affiliates shall directly or indirectly Develop, Manufacture or Commercialize in the Field, nor collaborate with, license, enable or otherwise authorize or grant any right to any Third Party to Develop, Manufacture or Commercialize in the Field, [**]. Notwithstanding the foregoing, the performance of Development activities in the Field with respect to a compound that is a [**] by JBI or its Affiliates shall not violate this Section 3.6.1 [**]. For avoidance of doubt, nothing in this Section 3.6.1 is intended to restrict or prohibit JBI or its Affiliates from Developing, Manufacturing or Commercializing any compound or product that does not fall within clauses (i)-(v) of this Section 3.6.1 for any Indication in the Field.
In the Field. Xxxxxxx shall have the first right, but not the obligation, to take action against others in the courts, administrative agencies or otherwise, at Xxxxxxx’s cost and expense and by counsel of its own choice, with respect to any Infringement in the Field. Licensee shall, at Xxxxxxx’s expense, cooperate with and reasonably assist Licensee in any such action if so requested by Xxxxxxx, and, upon Xxxxxxx’s request and expense, execute, file and deliver all documents and proof necessary for such purpose, including being named as a party to resulting litigation if requested by Licensee or if required by law. Licensee shall otherwise have the right to participate and be represented by its own counsel at its own expense in any such action. Deverra shall not enter into any settlement or compromise of such action that affects or concerns the validity, enforceability, or ownership of any Licensed Patents or other Licensed IP without the prior written consent of Licensee, which consent shall not be unreasonably withheld or delayed.
