Invalidation Proceedings Sample Clauses

Invalidation Proceedings. 11.2.1 Aurinia shall have the first right, but not the obligation, to initiate and control the defense of any Invalidation Proceeding respecting the Licensed Patents at Aurinia’s expense. If Aurinia does not inform Riptide that it intends to defend such an Invalidation Proceeding within [redacted]after commencement of the Invalidation Proceeding (or such shorter period necessary to initiate and maintain such defense), then Riptide will have the second right, but not the obligation, to defend such Invalidation Proceeding, provided that Aurinia does not provide a reasonable rationale for not doing so (including a substantive concern regarding counter-claims or a material impact on other Licensed Patents).
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Invalidation Proceedings. Aurinia shall have the first right, but not the obligation, to defend any Invalidation Proceeding in the Otsuka Territory respecting the Aurinia Patents and Aurinia shall have the first right, but not the obligation, to defend any Invalidation Proceeding anywhere in the world respecting the Joint Patents. Otsuka shall have the first right, but not the obligation, to defend any Invalidation Proceeding in the Aurinia Territory respecting the Otsuka Patents. If the Party with the first right to defend in accordance with the foregoing does not inform the other Party that it intends to defend such an Invalidation Proceeding within thirty (30) days after a request from the other Party, and does not provide commercially reasonable reasons why such Party does not intend to defend such Invalidation Proceeding, then the following shall apply: (i) with respect any Invalidation Proceeding respecting Aurinia Patents in the Otsuka Territory, Otsuka will have the second right, but not the obligation, to defend such Invalidation Proceeding; (ii) with respect to any Invalidation Proceeding respecting Joint Patents anywhere in the world, Otsuka will have the second right, but not the obligation to defend such Invalidation Proceeding; and (iii) with respect any Invalidation Proceeding respecting Otsuka Patents in the Aurinia Territory, Aurinia will have the second right, but not the obligation, to defend such Invalidation Proceeding. Notwithstanding the foregoing, Aurinia shall have the sole right, but not the obligation, to defend any Invalidation Proceeding in the Aurinia Territory respecting the Aurinia Patents and Otsuka shall have the sole right, but not the obligation, to defend any Invalidation Proceeding in the Otsuka Territory respecting the Otsuka Patents.
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Invalidation Proceedings 
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Related to Invalidation Proceedings

  • Litigation; Proceedings Except as specifically disclosed in the Disclosure Materials, there is no action, suit, notice of violation, proceeding or investigation pending or, to the best knowledge of the Company, threatened against or affecting the Company or any of its Subsidiaries or any of their respective properties before or by any court, governmental or administrative agency or regulatory authority (federal, state, county, local or foreign) which (i) adversely affects or challenges the legality, validity or enforceability of any Transaction Document or the Securities or (ii) could, individually or in the aggregate, have or result in a Material Adverse Effect.

  • Arbitration Proceedings Arbitration between the parties will be subject to the following:

  • Condemnation Proceedings 15.5.1. District covenants and agrees, but only to the extent that it may lawfully do so, that so long as this Site Lease remains in effect, the District will not seek to exercise the power of eminent domain with respect to the Project so as to cause a full or partial termination of this Site Lease and the Facilities Lease.

  • Initiation of Proceedings (1) At the request of either Contracting Party a dispute concerning the interpretation or application of this Agreement may be submitted to an arbitral tribunal for decision not earlier than 60 days after such request has been notified to the other Contracting Party.

  • Pending Proceedings Borrower is not in default under any law or regulation or under any order of any court, board, commission or agency whatsoever, and there are no claims, actions, suits or proceedings pending or, to the knowledge of Borrower, threatened against or affecting Borrower or the Development, at law or in equity, before or by any court, board, commission or agency whatsoever which might, if determined adversely to Borrower, materially affect Borrower's ability to repay the Loan or impair the security to be given to the County pursuant hereto.

  • Other Proceedings If and whenever an Event of Default shall have occurred and be continuing, the Trustee, at the direction of the Control Party (subject to Section 11.4(e), at the direction of the Controlling Class Representative) shall take one or more of the following actions:

  • Infringement Proceedings Each Party agrees to promptly notify the other Party of any unauthorized use of the other Party's Marks of which it has actual knowledge. Each Party will have the sole right and discretion to bring proceedings alleging infringement of its Marks or unfair competition related thereto; provided, however, that each Party agrees to provide the other Party with its reasonable cooperation and assistance with respect to any such infringement proceedings.

  • Litigation; Government Proceedings No action, suit or proceeding by or before any court or governmental agency, authority or body or any arbitrator involving the Company, or to the Company’s knowledge, the Sponsor, or any executive officer or director of the Company, or its or their property is pending or, to the knowledge of the Company, threatened that (i) would reasonably be expected to have a material adverse effect on the performance of this Agreement or the consummation of any of the transactions contemplated hereby or (ii) would reasonably be expected to have a Material Adverse Effect, except as set forth in or contemplated in the Statutory Prospectus and the Prospectus (exclusive of any supplement thereto).

  • Litigation and Proceedings There are no actions, suits, -------------------------- proceedings or investigations pending or, to the knowledge of the Company after reasonable investigation, threatened by or against the Company or affecting the Company or its properties, at law or in equity, before any court or other governmental agency or instrumentality, domestic or foreign, or before any arbitrator of any kind. The Company has no knowledge of any default on its part with respect to any judgment, order, writ, injunction, decree, award, rule or regulation of any court, arbitrator, or governmental agency or instrumentality, or any circumstance which after reasonable investigation would result in the discovery of such default.

  • Defense of the Underlying Proceeding (a) Indemnitee shall notify the Company promptly in writing upon being served with any summons, citation, subpoena, complaint, indictment, request or other document relating to any Proceeding which may result in the right to indemnification or the advance of Expenses hereunder and shall include with such notice a description of the nature of the Proceeding and a summary of the facts underlying the Proceeding. The failure to give any such notice shall not disqualify Indemnitee from the right, or otherwise affect in any manner any right of Indemnitee, to indemnification or the advance of Expenses under this Agreement unless the Company’s ability to defend in such Proceeding or to obtain proceeds under any insurance policy is materially and adversely prejudiced thereby, and then only to the extent the Company is thereby actually so prejudiced.

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