Common use of Prosecution and Maintenance of Licensed Patents Clause in Contracts

Prosecution and Maintenance of Licensed Patents. NSC shall control, prosecute and maintain all Patents included in the Licensed Patents. NSC shall provide LICENSOR with an opportunity to review and discuss with NSC prosecution strategy and to consult with NSC on the content of patent filings with respect to Licensed Patents. NSC shall be responsible for all costs, fees and expenses incurred from and after the Effective Date in connection with the filing, prosecution and maintenance of such Licensed Patents by NSC. NSC undertakes to notify LICENSOR in writing in a timely manner if it does not desire to support the continued prosecution or appeals or maintenance of any of the Patents included in the Licensed Patents. In the event NSC declines to maintain of any Patents included in the Licensed Patents, LICENSOR may, at its own expense, continue to prosecute or maintain such Licensed Patent, in which case NSC' license, hereunder with respect to such Patent shall be terminated forthwith and all rights with respect thereto shall revert to LICENSOR.

Prosecution and Maintenance of Licensed Patents. NSC Alteon shall control, prosecute and maintain all Patents included in the Licensed Patents. NSC Alteon shall provide LICENSOR OXIS with an opportunity to review and discuss with NSC Alteon prosecution strategy and to consult with NSC Alteon on the content of patent filings with respect to Licensed Patents. NSC Alteon shall be responsible for all costs, fees and expenses incurred from and after the Effective Date in connection with the filing, prosecution and maintenance of such Licensed Patents by NSCPatents. NSC Alteon undertakes to notify LICENSOR OXIS in writing in a timely manner if it does not desire to support the continued prosecution or appeals prosecution, appeals, or maintenance of any of the Patents included in the Licensed Patents. In the event NSC Alteon declines to maintain any of any the Patents included in the Licensed Patents, LICENSOR OXIS may, at its own expense, continue to prosecute or maintain such Licensed Patent, in which case NSC' license, hereunder all rights with respect to such Patent Patents shall be terminated forthwith and all rights with respect thereto shall revert transferred to LICENSOROXIS.

Prosecution and Maintenance of Licensed Patents. NSC Alteon shall control, prosecute and maintain all Patents included in the Licensed Patents. NSC Alteon shall provide LICENSOR OXIS with an opportunity to review and discuss with NSC Alteon prosecution strategy and to consult with NSC Alteon on the content of patent filings with respect to Licensed Patents. NSC Alteon shall be responsible for all costs, fees and expenses incurred from and after the Effective Date in connection with the filing, prosecution and maintenance of such Licensed Patents by NSCPatents. NSC Alteon undertakes to notify LICENSOR OXIS in writing in a timely manner if it does not desire to support the continued prosecution or appeals prosecution, appeals, or maintenance of any of the Patents included in the Licensed Patents. In the event NSC Alteon declines to maintain any of any the Patents included in the Licensed Patents, LICENSOR OXIS may, at its own expense, continue to prosecute or maintain such Licensed Patent, in which case NSC' license, hereunder all rights with respect to such Patent Patents shall be terminated forthwith transferred to OXIS. Portions of this Exhibit were omitted and all rights have been filed separately with respect thereto shall revert the Secretary of the Commission pursuant to LICENSORthe Company’s application requesting confidential treatment under Rule 24b-2 under the Securities Exchange Act of 1934.