Mutual Decisions Clause Samples

Mutual Decisions. From the Effective Date and using their good faith efforts, DIVERSA and DOW shall discuss any claim or suit brought by a Third Party for patent infringement and mutually evaluate whether that Third Party's patent is infringed by the manufacture, use or sale of Royalty Bearing Product by DOW or its Affiliates in the Territory. Specifically, DIVERSA and DOW shall mutually try to agree on: (a) the strategy for such suit or claim, e.g. whether to negotiate a settlement, ▇▇▇ or withdraw selling Royalty Bearing Product from the country in the Territory in which infringement is claimed; (b) the basis to be determined for sharing the costs of litigation, damages awarded, and royalty to be paid to the Third Party. [****]. (c) which Party should conduct the defense or if both DIVERSA and DOW should jointly defend; and the consequences of such decisions, such as amendment to this License with regard to royalties due to DIVERSA.

Mutual Decisions. CK and GSK shall cause each of their representatives on the JRC, JDC, or any other committee established under this Agreement to vote, and shall otherwise perform their respective activities under this Agreement, in the best interests of the collaboration contemplated herein, including the timely research, development and commercialization of Compounds, Development Compounds, Licensed Products and not in the present or future interest of either Party outside the collaboration. Where this Agreement calls for specified officers of CK and GSK to meet and resolve a particular issue, each Party shall make its respective officer reasonably available for an in-person meeting on at least three particular dates and times within the thirty (30) days after the request.

Mutual Decisions. Subject to the oversight of the Board, the Colony NorthStar Sub-Advisor and the Sub-Advisor agree to jointly engage in and make decisions with respect to the following activities: (i) Retention of investment banks; (ii) The use of the name “RXR” in any marketing materials; (iii) The extension, termination or suspension of the Offering; (iv) The initiation of follow-on offerings; and (v) Mergers, other change-of-control transactions and any liquidity events.

Mutual Decisions. From the Effective Date and using their good ---------------- faith efforts, DIVERSA and TDCC shall discuss any claim or suit brought by a Third Party for patent infringement and mutually evaluate whether that Third Party's patent is infringed by the manufacture, use or sale of any Licensed Enzyme covered in DIVERSA Patent Rights by TDCC or its Affiliates or Sublicensees in the Territory. Specifically, DIVERSA and TDCC shall mutually try to agree on: (a) the strategy for such suit or claim, e.g. whether to negotiate a settlement, ▇▇▇ or withdraw selling the Licensed Enzyme or Licensed Product from the country in the Territory in which infringement is claimed; -------------------- * CONFIDENTIAL TREATMENT REQUESTED

Mutual Decisions. CK and GSK shall cause each of their representatives on the JRC, JDC, or any other committee established under this Agreement to vote, and shall otherwise perform their respective activities under this Agreement, in the best interests of the collaboration contemplated herein, including the timely research, development and commercialization of Compounds, Development Compounds, Licensed Products and not in the present or future interest * Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions. of either Party outside the collaboration. Where this Agreement calls for specified officers of CK and GSK to meet and resolve a particular issue, each Party shall make its respective officer reasonably available for an in-person meeting on at least three particular dates and times within the thirty (30) days after the request.

Mutual Decisions. From the Effective Date and using their good faith efforts, Sumo and PowerStream shall discuss any claim or suit, made or brought by a Third Party for infringement of patent rights or other intellectual property rights that such Third Party's patent or rights are infringed by the manufacture, development, use, marketing or sale of the License Product. Specifically, Sumo and PowerStream shall mutually try to agree on: 8.2.1. the strategy for such suit or claim, e.g. whether to negotiate a settlement, ▇▇▇ or withdraw from the country in which infringement is claimed; 8.

Mutual Decisions. From the Effective Date and using their good faith efforts, DIVERSA and the LLC shall discuss any claim or suit brought by a Third Party for patent infringement and mutually evaluate whether that Third Party's patent is infringed by the manufacture, use or sale of any Licensed Enzyme covered in DIVERSA Patent Rights by the LLC or its Affiliates in the Territory. Specifically, DIVERSA and the LLC shall mutually try to agree on: (a) the strategy for such suit or claim, e.g. whether to negotiate a settlement, ▇▇▇ or withdraw selling the Licensed Enzyme from the country in the Territory in which infringement is claimed; (b) the basis to be determined for sharing the costs of litigation, damages awarded, and royalty to be paid to the Third Party ; (c) which Party should conduct the defense or if both DIVERSA and the LLC should jointly defend; and the consequences of such decisions.