Infringement of Intellectual Property. 22.1 Each Party shall inform the other Party promptly if it becomes aware of any infringement or potential infringement of any of the Intellectual Property rights, and the Parties shall consult with each other to decide the best way to respond to such infringement.
Infringement of Intellectual Property. Each Obligor shall (and the Parent shall procure that each member of the Group will):
Infringement of Intellectual Property. INDICATES MATERIAL THAT WAS OMITTED AND FOR WHICH CONFIDENTIAL TREATMENT WAS REQUESTED. ALL SUCH OMITTED MATERIAL WAS FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 PROMULGATED UNDER THE SECURITIES ACT OF 1933, AS AMENDED.
Infringement of Intellectual Property. Upon a Party learning of any infringement or threatened infringement of any Licensed Technology in the Territory, such Party shall promptly inform the other Party in writing of any such infringement and shall supply such other Party with all evidence pertaining to such infringement in such Party’s possession. In the event of any infringement or threatened infringement of the Licensed Technology by a Third Party in the Territory, Wxxxxx shall have the first right to file an action against any such infringing Third Party or seek abatement of the infringement by such Third Party at Wxxxxx’ sole cost and expense and by counsel of its own choice, and Adamis shall have the right, at its own expense, to be represented in any such action by counsel of its own choice. Adamis shall fully cooperate with Wxxxxx in any action brought by Wxxxxx, including by being joined as a party. In the event Wxxxxx does not file an action or seek abatement within (a) seventy-five (75) days following the notice of alleged infringement or (b) ten (10) days before the time limit, if any, set forth in the Applicable Laws, whichever comes first, then Adamis shall have the right, but not the obligation, to file an action against any such infringing Third Party or seek abatement of the infringement by such Third Party at Adamis’ sole cost and expense and by counsel of its own choice, and Wxxxxx shall have the right, at its own expense, to be represented in any such action by counsel of its own choice. Wxxxxx shall make reasonable efforts to promptly notify Adamis in writing if Wxxxxx decides not to file an action or seek abatement. Wxxxxx shall fully cooperate with Adamis in such action, including by being joined as a party. Except as otherwise agreed to by the Parties as part of a cost-sharing arrangement, any recovery or damages realized as a result of such action or proceeding with respect to Licensed Technology shall be used first to reimburse the documented Out-of-Pocket Expenses relating to the action or proceeding that were incurred by the Party that brought and controlled the action or proceeding, any remaining compensatory damages relating to the Product (including lost sales or lost profits with respect to the Product) shall be retained by the Party that brought and controlled such action or proceeding, , and any punitive damages shall be equally shared by the Parties. Notwithstanding the foregoing, (i) the Party bringing such action shall indemnify and reimburse the other Party ...
Infringement of Intellectual Property. (a) Altana shall promptly advise Salix of all cases of actual, potential or suspected infringement of the Product Trademarks, Product Copyrights or other intellectual property of Salix or its Affiliates or licensors that come to Altana’s attention.
Infringement of Intellectual Property. 6.6.1 Fraunhofer shall promptly notify the Company of any infringement or threatened infringement of the Technology or Improvements of which it becomes aware.
Infringement of Intellectual Property. 8.1. ASE warrants that to the best of its knowledge and belief the rights granted under the Licence and the ASVB Intellectual Property do not infringe the intellectual property rights of any third party in the Territory.
Infringement of Intellectual Property. 3.4 The Franchisee must not aid or assist any other person in any manner to do any of the acts in Clauses 3.3(a) to 3.3(f), above nor anything which would infringe, harm or contest the Intellectual Property.
Infringement of Intellectual Property rights 1 The Licensor shall defend claims brought by third parties against the Licensee on the grounds of infringement of intellectual property rights through legitimate use of the Software at its own expense (incl. damages) and risk, provided that the Licensee notifies the Licensor of such claims immediately in writing and allows it sole power of decision regarding the conduct of any proceedings or other measures for judicial or out-of-court settlement of the dispute and providing that the Licensee did not predominantly cause or bear the responsibility for the claim by the third party or for a non-appealable judgment against it.
Infringement of Intellectual Property. Entity warrants and represents that no copyrighted music, videos, movies, photographic images, or other sounds or images owned by another (“Intellectual Property”) shall be played, displayed on, broadcast from, or otherwise presented during the Event unless Entity has the legal authority to use the Intellectual Property in the manner in which it is actually being used during the Event.
