Common use of No Attempt to Invalidate Clause in Contracts

No Attempt to Invalidate. M&T Bank agrees that, in the absence of a subpoena or court order requiring its participation or support, it shall not participate in or support any suit, claim, action, litigation, administrative proceeding, or proceeding of any nature brought against LML that challenges the validity or enforceability of the LML Patents so long as the M&T Bank Entities: (a) have a license to the LML Patents, subject to Section 6 (Change in Control/Acquisitions); (b) are fully released for all claims of Infringement of the LML Patents, subject to Section 6 (Change in Control / Acquisitions); and (c) are not accused of Infringement of any LML Patent, subject to Section 6 (Change in Control/Acquisitions). However, the M&T Bank Entities may challenge the validity or enforceability of the LML Patents if: (i) any suit, claim, action, litigation or proceeding to enforce one or more of the LML Patents is brought against any M&T Bank Entity or Covered Third Party related to one or more of the LML Patents, or places any M&T Bank Entity or Covered Third Party in a reasonable apprehension of being sued on one or more of the LML Patents, or (ii) any M&T Bank Entity receives a request for indemnification related to an LML Patent, but only after the M&T Bank Entity has provided sixty (60) days written notice to LML of its intent to challenge the validity or enforceability of the asserted LML Patent(s).

No Attempt to Invalidate. M&T Regions Bank agrees that, in the absence of a subpoena or court order requiring its participation or support, it no Regions Bank Entity shall not participate in or support any suit, claim, action, litigation, administrative proceeding, or proceeding of any nature brought by or against LML that challenges the validity or enforceability of the LML Patents so long as the M&T Regions Bank Entities: (a) have a license to the LML Patents, subject to Section 6 (Change in Control/Control / Acquisitions); (b) are fully released for all claims of Infringement of the LML Patents, subject to Section 6 (Change in Control / Acquisitions); and or (c) are not accused of Infringement of any LML Patent, subject to Section 6 (Change in Control/Control / Acquisitions). However, the M&T Regions Bank Entities may challenge the validity or enforceability of the LML Patents if: (i) any suit, claim, action, litigation or proceeding to enforce one or more of the LML Patents is brought against any M&T a Regions Bank Entity or Covered Third Party related to one or more of the LML Patents, or places any M&T a Regions Bank Entity or Covered Third Party in a reasonable apprehension of being sued on one or more of the LML Patents, or (ii) any M&T a Regions Bank Entity receives a request for indemnification related to an LML Patent, but only after the M&T Regions Bank Entity has provided sixty (60) days written notice to LML Entities of its intent to challenge the validity or enforceability of the asserted LML Patent(s).

No Attempt to Invalidate. M&T Bank Xxxxx Fargo agrees that, in the absence of a subpoena or court order requiring its participation or support, it Xxxxx Fargo shall not participate in or support any suit, claim, action, litigation, administrative proceeding, or proceeding of any nature brought against LML that challenges the validity or enforceability of the LML Patents so long as the M&T Bank EntitiesXxxxx Fargo: (a) have has a license to the LML Patents, subject to Section 6 (Change in Control/Acquisitions); (b) are is fully released for all claims of Infringement of the LML Patents, subject to Section 6 (Change in Control / Control/Acquisitions); and (c) are is not accused of Infringement of any LML Patent, subject to Section 6 (Change in Control/Acquisitions). However, the M&T Bank Entities Xxxxx Fargo may challenge the validity or enforceability of the LML Patents if: (i) any suit, claim, action, litigation litigation, or proceeding to enforce one or more of the LML Patents is brought against any M&T Bank Entity Xxxxx Fargo or a Covered Third Party related to one or more of the LML Patents, or places any M&T Bank Entity or Covered Third Party Xxxxx Fargo is placed in a reasonable apprehension of being sued on one or more of the LML Patents, or (ii) any M&T Bank Entity if LML breaches its covenants not to xxx (Section 4.4) or releases (Section 4.2) or licenses (Section 5) made to Xxxxx Fargo or Covered Third Parties (acting solely in their role as Covered Third Parties), or (iii) if Xxxxx Fargo receives a request for indemnification related to an LML Patent, but only after the M&T Bank Entity Xxxxx Fargo has provided sixty thirty (6030) days written notice to LML of its intent to challenge the validity or enforceability of the asserted LML Patent(s). Nothing in this Section 2.3 restricts or limits the licenses or covenants not to xxx in this Agreement.

No Attempt to Invalidate. M&T Fifth Third Bank agrees that, in the absence of a subpoena or court order requiring its participation or support, it no Fifth Third Bank Entity shall not participate in or support any suit, claim, action, litigation, administrative proceeding, or proceeding of any nature brought by or against LML that challenges the validity or enforceability of the LML Patents so long as the M&T Fifth Third Bank Entities: (a) have a license to the LML Patents, subject to Section 6 (Change in Control/Control / Acquisitions); (b) are fully released for all claims of Infringement of the LML Patents, subject to Section 6 (Change in Control / Acquisitions); and or (c) are not accused of Infringement of any LML Patent, subject to Section 6 (Change in Control/Control / Acquisitions). However, the M&T Fifth Third Bank Entities may challenge the validity or enforceability of the LML Patents if: (i) any suit, claim, action, litigation or proceeding to enforce one or more of the LML Patents is brought against any M&T a Fifth Third Bank Entity or Covered Third Party related to one or more of the LML Patents, or places any M&T a Fifth Third Bank Entity or Covered Third Party in a reasonable apprehension of being sued on one or more of the LML Patents, or (ii) any M&T a Fifth Third Bank Entity receives a request for indemnification related to an LML Patent, but only after the M&T Fifth Third Bank Entity has provided sixty (60) days written notice to LML Entities of its intent to challenge the validity or enforceability of the asserted LML Patent(s).