Common use of Infringement Action Clause in Contracts

Infringement Action. In the event a Party brings an Infringement action in accordance with this Section 7.3 (the “Controlling Party”), such Controlling Party shall keep the other Party reasonably informed of the progress of any such action, and the other Party shall cooperate fully with the Controlling Party, including by providing information and materials, at the Controlling Party’s request and expense and if required to bring such action, the furnishing of a power of attorney or being named as a party. The other Party shall cooperate fully, including, if required to bring such action, the furnishing of a power of attorney or being named as a party. Neither Party shall have the right to settle any Infringement action under this Section 7.3 relating to Joint Patent Rights without the prior written consent of the other Party, which shall not be unreasonably withheld, conditioned or delayed.

Appears in 7 contracts

Samples: Licensing and Collaboration Agreement (Zymeworks Inc.), Licensing and Collaboration Agreement (Zymeworks Inc.), Licensing and Collaboration Agreement (Zymeworks Inc.)

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Infringement Action. In the event a Party brings an Infringement action in accordance with this Section 7.3 8.3 (the “Controlling Party”), such Controlling Party shall keep the other Party reasonably informed of the progress of any such action, and the other Party shall cooperate fully with the Controlling Party, including by providing information and materials, at the Controlling Party’s request and expense and if required to bring such action, the furnishing of a power of attorney or being named as a partyParty. The other Party shall cooperate fully, including, if required to bring such action, the furnishing of a power of attorney or being named as a partyParty. Neither Party shall have the right to settle any Infringement action patent infringement litigation under this Section 7.3 8.3 relating to Joint Patent Rights without the prior written consent of the other Party, which shall not be unreasonably withheld, conditioned withheld or delayed.

Appears in 2 contracts

Samples: Research and License Agreement (Zymeworks Inc.), Research and License Agreement (Zymeworks Inc.)

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