Infringement Information Sample Clauses

Infringement Information. DISTRIBUTOR shall notify MACH 3 promptly of any unauthorized use of the MACH 3 Marks and or of any mxxx confusingly similar, thereto which comes to its attention. Within twenty (20) days after MACH 3's receipt of such notice, MACH 3 and DISTRIBUTOR shall decide jointly whether to proceed with any claim or litigation, and each shall have the right to do so independently if the other elects not to participate. If any action taken by MACH 3 and DISTRIBUTOR is joint, then all parties shall share equally in the costs and proceeds. If one party elects to proceed with a claim or litigation independently, the party, which proceeds with the claim or litigation, shall retain all the proceeds thereof and shall bear all of the costs thereof. If MACH 3 elects to make a claim or litigate, DISTRIBUTOR may not proceed with its own separate claim or litigation without first obtaining the written consents of MACH 3 to do so. DISTRIBUTOR shall provide MACH 3 with all reasonable assistance, at the expense of MACH 3, in any prosecution of any such infringement, which MACH 3 may decide to institute. If such infringement reduces the sales of the Products by DISTRIBUTOR, then MACH 3 and DISTRIBUTOR shall mutually agree upon a reduction of the Sales Requirement during the period of such infringement. With respect to any joint action, MACH 3 shall have the sole right to employ counsel and to direct the handling of the action and litigation and any settlement thereof. As to claims or litigation with which DISTRIBUTOR decides to proceed but in which MACH 3 elects not to participate, MACH 3 shall provide DISTRIBUTOR with all reasonable assistance, at DISTRIBUTOR's expense.
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Infringement Information. Bimini shall notify Cytori promptly of any unauthorized use of Cytori Marks or of any xxxx confusingly similar thereto which comes to its attention. Cytori shall have the sole right to determine whether or not any action shall be taken against any such infringement for all Cytori Marks.
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Infringement Information. Express shall notify ATG promptly of any unauthorized use of the ATG Marks or of any xxxx confusingly similar thereto which comes to its attention. Within twenty (20) days after ATG’s receipt of such notice, ATG and Express shall decide jointly whether to proceed with any claim or litigation, and each shall have the right to do so independently if the other elects not to participate. If any action taken by ATG and Express is joint, then both parties shall share equally in the costs and proceeds. If one party elects to proceed with a claim or litigation independently, the party which proceeds with the claim or litigation shall retain all the proceeds thereof and shall bear all of the costs thereof. If ATG elects to make a claim or litigate, Express may not proceed with its own separate claim or litigation without first obtaining the written consent of ATG to do so. Express shall provide ATG with all reasonable assistance, at ATG’s expense, in any prosecution of any such infringement which ATG may decide to institute. If such infringement reduces the sales of the Products by Express, then the parties shall mutually agree upon a reduction of the Sales Requirement during the period of such infringement. With respect to any joint action, ATG shall have the sole right to employ counsel and to direct the handling of the action and litigation and any settlement thereof. As to claims or litigation with which Express decides to proceed but in which ATG elects not to participate, ATG shall provide Express with all reasonable assistance, at Express’s expense. 8.8
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Infringement Information. Licensee shall notify Cellegy promptly of any unauthorized use of the Trademark or of any mxxx confusingly similar, thereto which comes to its attention. Cellegy shall have the sole right to determine whether or not any action shall be taken against any such infringement, and Licensee shall not institute any suit or take any action on account of any such infringement or imitation without first obtaining the written consent of Cellegy to do so.
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Infringement Information. The Customer acknowledges and agrees that, in the event of a claim that the software in your possession, or your use of the software, infringes any third party's intellectual property rights, then the Customer will be responsible for the investigation, defence, settlement and discharge of the claim of infringement. In other words, the Customer would be held responsible for legal issues arising from the infringement.
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Infringement Information. 12.8 Termination of Use
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Infringement Information. Xxxxx shall notify MacroPore promptly of any unauthorized use of MacroPore’s Marks or of any xxxx confusingly similar thereto which comes to its attention. MacroPore shall have the sole right to determine whether or not any action shall be taken against any such infringement, and Xxxxx shall not institute any suit or take any action on account of any such infringement or imitation without first obtaining the written consent of MacroPore to do so. Xxxxx shall provide MacroPore with all reasonable assistance, at MacroPore’s expense, in any prosecution of any such action, including suits in which Xxxxx is joined as plaintiff, MacroPore shall have the sole right to employ counsel and to direct the handling of the action and litigation and any settlement thereof, and Xxxxx shall not share in any of the proceeds of judgment or settlement resulting from any such action.
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Infringement Information. Other than as set forth in Section 6.10 and Section 9.6 of this Agreement, neither party makes any representation or warranty, express or implied, to the other party or assumes any liability with respect to the infringement of any patent or other right of any third party which may arise out of the use by the other party of any of the Information disclosed to the other party pursuant to this Agreement.
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Related to Infringement Information

  • Product Information EPIZYME recognizes that by reason of, inter alia, EISAI’s status as an exclusive licensee in the EISAI Territory under this Agreement, EISAI has an interest in EPIZYME’s retention in confidence of certain information of EPIZYME. Accordingly, until the end of all Royalty Term(s) in the EISAI Territory, EPIZYME shall keep confidential, and not publish or otherwise disclose, and not use for any purpose other than to fulfill EPIZYME’s obligations, or exercise EPIZYME’s rights, hereunder any EPIZYME Know-How Controlled by EPIZYME or EPIZYME Collaboration Know-How, in each case that are primarily applicable to EZH2 or EZH2 Compounds (the “Product Information”), except to the extent (a) the Product Information is in the public domain through no fault of EPIZYME, (b) such disclosure or use is expressly permitted under Section 9.3, or (c) such disclosure or use is otherwise expressly permitted by the terms and conditions of this Agreement. For purposes of Section 9.3, each Party shall be deemed to be both the Disclosing Party and the Receiving Party with respect to Product Information. For clarification, the disclosure by EPIZYME to EISAI of Product Information shall not cause such Product Information to cease to be subject to the provisions of this Section 9.2 with respect to the use and disclosure of such Confidential Information by EPIZYME. In the event this Agreement is terminated pursuant to Article 12, this Section 9.2 shall have no continuing force or effect, but the Product Information, to the extent disclosed by EPIZYME to EISAI hereunder, shall continue to be Confidential Information of EPIZYME, subject to the terms of Sections 9.1 and 9.3 for purposes of the surviving provisions of this Agreement. Each Party shall be responsible for compliance by its Affiliates, and its and its Affiliates’ respective officers, directors, employees and agents, with the provisions of Section 9.1 and this Section 9.2.

  • Client Information (2) Protected Health Information in any form including without limitation, Electronic Protected Health Information or Unsecured Protected Health Information (herein “PHI”);

  • Technical Information The Employer agrees to provide to the Union such information that is available relating to employees in the bargaining unit, as may be required by the Union for collective bargaining purposes.

  • Secret Processes and Confidential Information For the Employment Term and thereafter (a) the Employee will not divulge, transmit or otherwise disclose (except as legally compelled by court order, and then only to the extent required, after prompt notice to both the Company and the Subsidiary of any such order), directly or indirectly, other than in the regular and proper course of business of the Company and/or the Subsidiary, any confidential knowledge or information with respect to the operations or finances of the Subsidiary or the Company or any of their subsidiaries or Affiliates, or with respect to confidential or secret processes, services, techniques, customers or plans with respect to the Company and/or the Subsidiary, and (b) the Employee will not use, directly or indirectly, any confidential information for the benefit of anyone other than the Company and/or the Subsidiary; provided, however, that the Employee has no obligation, express or implied, to refrain from using or disclosing to others any such knowledge or information which is or hereafter shall become available to the public other than through disclosure by the Employee. To the greatest extent possible, any Work Product (as hereinafter defined) shall be deemed to be "work made for hire" (as defined in the Copyright Act, 17 U.S.C.A. ss. 101 et seq., as amended) and owned exclusively by the Subsidiary. The Employee hereby unconditionally and irrevocably transfers and assigns to the Subsidiary all right, title and interest the Employee may currently have or in the future may have by operation of law or otherwise in or to any Work Product, including, without limitation, all patents, copyrights, trademarks, service marks and other intellectual property rights. The Employee agrees to execute and deliver to the Subsidiary any transfers, assignments, documents or other instruments which the Company may deem necessary or appropriate to vest complete title and ownership of any Work Product, and all rights therein, exclusively in the Subsidiary. During the term of this Agreement and thereafter, Employee shall not take any action to disparage or criticize to any third parties any of the services of the Company and/or the Subsidiary or to commit any other action that injures or hinders the business relationships of the Company and/or the Subsidiary. All files, records, documents, memorandums, notes or other documents relating to the business of Company and/or the Subsidiary, whether prepared by Employee or otherwise coming into his possession in the course of the performance of his services under this Agreement, shall be the exclusive property of Company and shall be delivered to Company and not retained by Employee upon termination of this Agreement for any reason whatsoever.

  • Payment Information 3.1 The Authority shall issue a purchase order to the Contractor prior to commencement of the Service.

  • Privacy of Customer Information Company Customer Information in the possession of the Agent, other than information independently obtained by the Agent and not derived in any manner from or using information obtained under or in connection with this Agreement, is and shall remain confidential and proprietary information of the Companies. Except in accordance with this Section 10.10, the Agent shall not use any Company Customer Information for any purpose, including the marketing of products or services to, or the solicitation of business from, Customers, or disclose any Company Customer Information to any Person, including any of the Agent’s employees, agents or contractors or any third party not affiliated with the Agent. The Agent may use or disclose Company Customer Information only to the extent necessary (i) for examination and audit of the Agent’s activities, books and records by the Agent’s regulatory authorities, (ii) to protect or exercise the Agent’s, the Custodian’s and the Lenders’ rights and privileges or (iii) to carry out the Agent’s, the Custodian’s and the Lenders’ express obligations under this Agreement and the other Facilities Papers (including providing Company Customer Information to Approved Investors), and for no other purpose; provided that the Agent may also use and disclose the Company Customer Information as expressly permitted by the relevant Company in writing, to the extent that such express permission is in accordance with the Privacy Requirements. The Agent shall take commercially reasonable steps to ensure that each Person to which the Agent intends to disclose Company Customer Information, before any such disclosure of information, agrees to keep confidential any such Company Customer Information and to use or disclose such Company Customer Information only to the extent necessary to protect or exercise the Agent’s, the Custodian’s and the Lenders’ rights and privileges, or to carry out the Agent’s, the Custodian’s and the Lenders’ express obligations, under this Agreement and the other Facilities Papers (including providing Company Customer Information to Approved Investors). The Agent agrees to maintain an Information Security Program and to assess, manage and control risks relating to the security and confidentiality of Company Customer Information pursuant to such program in the same manner as the Agent does so in respect of their own customers’ information, and shall implement the standards relating to such risks in the manner set forth in the Interagency Guidelines Establishing Standards for Safeguarding Company Customer Information set forth in 12 CFR Parts 30, 208, 211, 225, 263, 308, 364, 568 and 570. Without limiting the scope of the foregoing sentence, the Agent shall use at least the same physical and other security measures to protect all Company Customer Information in the Agent’s possession or control as the Agent uses for their own customers’ confidential and proprietary information.

  • Inventions and Proprietary Information Prohibition on Third Party Information A. Proprietary Information Agreement. Executive acknowledges that he has signed and remains bound by the terms of the Company’s Proprietary Information and Inventions Agreement, which is attached as Exhibit B (“Proprietary Information Agreement”).

  • PROCESS INFORMATION Describe planned use, and include brief description of manufacturing processes employed.

  • KYC Information (i) Upon the reasonable request of any Lender made at least five (5) days prior to the Closing Date, the Borrowers shall have provided to such Lender, and such Lender shall be reasonably satisfied with, the documentation and other information so requested in connection with applicable “know your customer” and anti-money-laundering rules and regulations, including, without limitation, the PATRIOT Act, in each case at least five (5) days prior to the Closing Date.

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