LITIGATION CONDITION SUBSEQUENT Sample Clauses

LITIGATION CONDITION SUBSEQUENT. In the event any litigation is asserted against LICENSEE of such a nature as to substantially harm LICENSEE’S ability to market or fund the Patented Technology, LICENSEE shall, in good faith, diligently prosecute or defend any such claim. Notwithstanding the foregoing, this provision shall not mitigate LICENSOR’S duty to defend patent infringements and the like, at its cost, as otherwise provided in this LA.