Common use of Potential Infringement Clause in Contracts

Potential Infringement. Each Party will notify the other Party of: (i) any potential infringement of any of such other Party’s Intellectual Property of which it becomes aware; (ii) any potential infringement by any Third Party of any of the Intellectual Property incorporated in, embodied by or relied upon to manufacture a Affymetrix Instrument; or (iii) any potential infringement by an Affymetrix Instrument of any Intellectual Property owned or asserted to be owned by a Third Party of which it becomes aware. Either Party’s notice under this Section V(g) shall be Confidential Information and shall not be disclosed to the alleged infringer or any other party without the other Party’s prior written consent.

Potential Infringement. Each Party will notify the other Party of: (i) any potential infringement of any of such other Party’s Intellectual Property of which it becomes aware; (ii) any potential infringement by any Third Party of any of the Intellectual Property incorporated in, embodied by or relied upon to manufacture a Affymetrix InstrumentDiagnostic Product; or (iii) any potential infringement by an Affymetrix Instrument a Diagnostic Product of any Content or Intellectual Property owned or asserted to be owned by a Third Party of which it becomes aware. Either Party’s notice under this Section V(gIV(h) shall be Confidential Information and shall not be disclosed to the alleged infringer or any other party without the other Party’s prior written consent.

Potential Infringement. Each Party will notify the other Party of: (i) any potential infringement of any of such other Party’s Intellectual Property of which it becomes aware; (ii) any potential infringement by any Third Party of any of the Intellectual Property incorporated in, embodied by or relied upon to manufacture a Affymetrix Diagnostic Product or Roche Instrument; or (iii) any potential infringement by an Affymetrix a Diagnostic Product or Roche Instrument of any Intellectual Property owned or asserted to be owned by a Third Party of which it becomes aware. Either Party’s notice under this Section V(gV(h) shall be Confidential Information and shall not be disclosed to the alleged infringer or any other party without the other Party’s prior written consent.