Infringement of Third Party's Rights Sample Clauses

Infringement of Third Party's Rights. (a) If the practice of the Licensed Patents through the manufacture, use or sale of Products by EyeTech, its Affiliates or sublicensees results in a claim for patent infringement against EyeTech, its Affiliates or sublicensees, the Party to this Agreement first having notice of that claim shall promptly notify the other Party in writing. The notice shall set forth the facts of the claim in reasonable detail.
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Infringement of Third Party's Rights. (a) If the practice of the Licensed Patents through the manufacture, use or sale of Licensed Products by ImmunoGen, its Affiliates or sublicensees results in a claim of patent infringement against ImmunoGen, its Affiliates or sublicensees, the Party first having notice of that claim shall promptly notify the other Party in writing. The notice shall set forth the facts of the claim in reasonable detail.
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Infringement of Third Party's Rights. If a third party asserts that a ------------------------------------ patent or other right owned by it is infringed by the practice of the Licensed Patents pursuant to the license granted to Tularik under Section 2.1, Tularik may attempt to resolve the problem raised by the asserted infringement. The matter shall be deemed resolved if Tularik obtains: [ * ]. If the practice of the Licensed Patents results in a claim for patent infringement against Tularik, the Party to this Agreement first having notice of that claim shall promptly notify the other Party in writing. The notice shall set forth the facts of the claim in reasonable detail. [ * ] shall have the primary right to defend any such claim. [ * ] shall have the right, but not the obligation, to participate in any such suit at its sole option and at its own expense. Each Party shall reasonably cooperate with the Party conducting the defense of the claim. Neither Party shall enter into any settlement that affects the other Party's rights or interests without such other Party's written consent, not to be unreasonably withheld. If [ * ] makes a payment to any third party in the course of defending or settling any claim brought by a third party pursuant to this Section 6.11, [ * ] shall be entitled to [ * ].
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Infringement of Third Party's Rights. If a third party asserts that a patent or other right owned by it is infringed by the practice of the Licensed Patents pursuant to the License granted to GenSight under Section 2.1, GenSight may attempt to resolve the problem raised by the asserted infringement. If the practice of [**] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission.
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Infringement of Third Party's Rights. Without prejudice to any other right they may have, should a claim that the Licensed Products (as it relates to the Licensed Patents) or any material part thereof, infringe a third party's intellectual property rights be threatened or made against the University, BioAxone, or any party receiving rights to the Licensed Patents through BioAxone, each of the University and BioAxone agree that it shall give the other Party prompt written notice detailing as many facts as possible concerning such claim and shall cooperate fully with the other in the defense of such claim. The reasonable expenses incurred by BioAxone, in the defense of such claim, shall be first deducted from any royalty owing and then any balance shall be held in trust by BioAxone until such time that the potential infringement case is terminated or settled and the University shall only have a right to such royalties held in trust if the third party claiming is unsuccessful in obtaining a judgment against BioAxone or any-of its Sub-Licensees. If the third party claiming the infringement is successful in obtaining a judgment against BioAxone or any of its Sub-Licensees or if the Parties agree (BioAxone acting reasonably) to amicably settle the matter, any amount held in trust and any future royalty shall first serve to pay the third party's indemnity or damages awarded pursuant to a judgment of a court of competent jurisdiction or pursuant to any settlement and the balance, if any, shall be payable to the University pursuant to the provisions of Articles 7 and 8.
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Infringement of Third Party's Rights. 10.1 Samson Pumps is under no circum- stances liable for infringement of third party’s intellectual property rights caused by the Customer’s use of the Products or use of Samson Pumps’ intel- lectual property rights.
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Infringement of Third Party's Rights. (a) URIACH is not aware of any reason why any Third Party could claim that the performance of any of the operations contemplated in this Agreement, including but not limited to the development, manufacture, use and sale of Compound and Product would infringe any patent rights owned or possessed by any Third Party. The above notwithstanding URIACH does not give any warranty in respect of such matters, and both Parties agree that URIACH shall not be held liable in case that the performance of any of the operations contemplated in this Agreement is deemed to infringe any intellectual property rights of any Third Parties and that if any Third Party files any claim or takes any other action as a consequence of or derived from the performance of any of the operations contemplated in this Agreement, claiming that such operations infringe such Third Party's patent rights, whether against URIACH or against INTERNEURON, any of its Affiliates or Sublicensees, then INTERNEURON shall bear all costs and economic liabilities resulting from any such Third Party action and shall indemnify and hold URIACH harmless.
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Infringement of Third Party's Rights. (a) If the manufacture, importation, marketing, sale or use of the Product in a country of the Territory results in a claim that such activities using the Connetics Technology infringe a Third Party's patent, the Party first having notice of such a claim of infringement by a Third Party shall promptly notify the other Party in writing. The notice shall set forth the facts of the claim (to the extent known by the Party having notice) in reasonable detail.
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Related to Infringement of Third Party's Rights

  • Infringement of Third Party Rights Each Party shall promptly notify the other in writing of any allegation by a Third Party that the activity of either of the Parties hereunder infringes or may infringe the intellectual property rights of such Third Party. Genentech shall have the first right but not the obligation to control any defense of any such claim involving alleged infringement of Third Party rights by Genentech’s activities under this Agreement at its own expense and by counsel of its own choice, and Curis shall have the right but not the obligation, at its own expense, to be represented in any such action by counsel of its own choice. If Genentech fails to proceed in a timely fashion with regard to such defense, Curis shall have the right but not the obligation to control any such defense of such claim at its own expense and by counsel of its own choice, and Genentech shall have the right but not the obligation, at its own expense, to be represented in any such action by counsel of its own choice. Curis shall have the first right but not the obligation to control any defense of any such claim involving alleged infringement of Third Party rights by Curis’ activities under this Agreement at its own expense and by counsel of its own choice, and Genentech shall have the right but not the obligation, at its own expense, to be represented in any such action by counsel of its own choice. If Curis fails to proceed in a timely fashion with regard to such defense, Genentech shall have the right but not the obligation to control any such defense of such claim at its own expense and by counsel of its own choice, and Curis shall have the right but not the obligation, at its own expense, to be represented in any such action by counsel of its own choice. Neither Party shall have the right to settle any infringement action under this Section 10.5 in a manner that diminishes the rights or interests of the other Party hereunder without the consent of such Party.

  • Infringement by Third Parties Genetronics and Ethicon shall promptly notify the other in writing of any alleged or threatened infringement of any patent included in the Genetronics Patent Rights or the Joint Patent Rights of which they become aware. Both parties shall cooperate with each other to terminate such infringement without litigation. Genetronics shall have the right to bring and control any action or proceeding with respect to infringement of any patent included in the Genetronics Patent Rights, at its own expense and by counsel of its own choice, and Ethicon shall have the right to be represented in any such action, at its own expense and by counsel of its own choice. In the event any patent included in the Joint Patent Rights is infringed by a Third Party, the party responsible for prosecution and maintenance of the applicable Joint Patent Rights under Section 10.2(b) shall have the right to bring and control any action or proceeding with respect to such patent, and the other party shall have the right to be represented in any such action by counsel of its own choice, and the parties shall share equally in the expenses thereof. With respect to infringement of any patent included in the Genetronics Patent Rights, if Genetronics fails to bring an action or proceeding within (a) 90 days following the notice of alleged infringement or (b) 10 days before the time limit, if any, set forth in the appropriate laws and regulations for the filing of such actions, whichever comes first, Ethicon shall have the right to bring and control any such action, at its own expense and by counsel of its own choice, and Genetronics shall have the right to be represented in any such action, at its own expense and by counsel of its own choice. In the event a party brings an infringement action, the other party shall cooperate fully, including if required to bring such action, the furnishing of a power of attorney. Neither party shall have the right to settle any patent infringement litigation under this Section 10.5 in a manner that diminishes the rights or interests of the other party without the consent of such other party. In the event Genetronics brings such action, any recovery realized as a result of such litigation, after reimbursement of any litigation expenses of Genetronics and Ethicon, shall belong to Genetronics.

  • Contracts (Rights of Third Parties ACT 1999 A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Xxx 0000 to enforce any term of this Agreement, but this does not affect any right or remedy of a third party which exists or is available apart from that Act.

  • Infringement Controlled Affiliate shall promptly notify Plan and Plan shall promptly notify BCBSA of any suspected acts of infringement, unfair competition or passing off that may occur in relation to the Licensed Marks and Name. Controlled Affiliate shall not be entitled to require Plan or BCBSA to take any actions or institute any proceedings to prevent infringement, unfair competition or passing off by third parties. Controlled Affiliate agrees to render to Plan and BCBSA, without charge, all reasonable assistance in connection with any matter pertaining to the protection of the Licensed Marks and Name by BCBSA.

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