Common use of Infringement Claimed by Third Parties Clause in Contracts

Infringement Claimed by Third Parties. In the event a Third Party commences, or threatens to commence, a judicial or administrative proceeding against a Party to this Agreement and such proceeding claims that the Atrix Technology or the Atrix Marks infringes such Third Party's intellectual property rights, the Party against whom such proceeding is threatened or commenced shall give prompt notice to the other Party. Atrix shall, at its sole expense, defend such claims or proceedings and CollaGenex shall provide such assistance and cooperation to Atrix as may be necessary to successfully defend any such claim or proceeding at Atrix's expense. Atrix may settle any such claim so long as the terms of such settlement do not impair CollaGenex's rights hereunder, or increase the costs to CollaGenex hereunder. Notwithstanding the above, if such claim or proceeding relates to or arises from the actions, activities or omissions of CollaGenex other than the use by CollaGenex of the Atrix Technology or the Atrix Marks, then CollaGenex shall defend such claims or proceedings, at CollaGenex's sole expense, and CollaGenex shall indemnify Atrix for any liabilities, costs and expenses, including, without limitation, attorneys' fees, incurred with respect to such claim or proceeding.

Infringement Claimed by Third Parties. In the event a Third Party commences, or threatens to commence, a judicial or administrative proceeding against a Party to this Agreement and such proceeding claims that the Atrix ABI Technology or the Atrix Marks infringes such Third Party's intellectual property rights, the Party against whom such proceeding is threatened or commenced shall give prompt notice to the other Party. Atrix ABI shall, at its sole expense, defend such claims or proceedings and CollaGenex Atrix shall provide such assistance and cooperation to Atrix ABI as may be necessary to successfully defend any such claim or proceeding at AtrixABI's expense. Atrix ABI may settle any such claim so long as the terms of such settlement contains a complete release of Atrix and do not impair CollaGenexAtrix's rights hereunder, or increase the costs to CollaGenex hereunderAtrix hereunder or require any relief other than monetary damages. Notwithstanding the above, if such claim or proceeding relates to or arises from the actions, activities or omissions of CollaGenex Atrix other than the use by CollaGenex Atrix of the Atrix Technology or the Atrix MarksABI Technology, then CollaGenex Atrix shall defend such claims or proceedings, at CollaGenexAtrix's sole expense, and CollaGenex Atrix shall indemnify Atrix ABI for any liabilities, costs and expenses, including, without limitation, attorneys' fees, incurred with respect to such claim or proceeding.