Common use of New rights Clause in Contracts

New rights. The parties shall cooperate to take whatever, if any, actions they mutually agree upon in writing and in their respective discretion against the alleged infringer of rights which are jointly owned in accordance with Section 12.1(b). Such agreement shall include actions to be taken by each party and the allocation of expenses and recoveries related to such action. Neither party shall take any such action against the alleged infringer without the written consent of the other party although Company may take such action to the extent that CyDex determines not to without the requirement of additional consent from CyDex.

Appears in 2 contracts

Samples: License Agreement (Ligand Pharmaceuticals Inc), License Agreement (Ligand Pharmaceuticals Inc)

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New rights. The parties shall cooperate to take whatever, if any, actions action they mutually agree upon in writing and in their respective discretion against the alleged infringer of rights which are jointly owned in accordance with Section 12.1(b12.1(b)(iii). Such agreement shall include actions to be taken by each party and the allocation of expenses and recoveries related to such action. Neither party shall take any such action against the alleged infringer without the written consent of the other party although Company may take such action to the extent that CyDex determines not to without the requirement of additional consent from CyDexparty.

Appears in 2 contracts

Samples: License Agreement (Ligand Pharmaceuticals Inc), License Agreement (Ligand Pharmaceuticals Inc)

New rights. The parties shall cooperate to take whatever, if any, actions action they mutually agree upon in writing and in their respective discretion against the alleged infringer of rights which are jointly owned in accordance with Section 12.1(b). Such agreement shall include actions to be taken by each party and the allocation of expenses and recoveries related to such action. Neither party shall take any such action against the alleged infringer without the written consent of the other party although Company may take such action to the extent that CyDex determines not to without the requirement of additional consent from CyDexparty.

Appears in 1 contract

Samples: License Agreement (Ligand Pharmaceuticals Inc)

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New rights. The parties Parties shall cooperate to take whatever, if any, actions they mutually agree upon in writing and in their respective discretion against the alleged infringer of rights which are jointly owned in accordance with Section 12.1(b). Such agreement shall include actions to be taken by each party Party and the allocation of expenses and recoveries related to such action. Neither party Party shall take any such action against the alleged infringer without the written consent of the other party although Company may take such action to the extent that CyDex determines not to without the requirement of additional consent from CyDexParty.

Appears in 1 contract

Samples: License Agreement (Marinus Pharmaceuticals Inc)

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