Common use of Right to Consult Clause in Contracts

Right to Consult. During the Term of this Agreement, EpiCept shall copy Endo, or have Endo copied, on all substantive documents relating to EpiCept Licensed Patents and EpiCept Improvements received from or to be filed in any patent office in the Territory, within fifteen (15) days of receipt from the patent office and at least fifteen (15) days prior to filing with the patent office, respectively, including without limitation copies of each patent application, official action, response to official action, declaration, information disclosure statement, request for terminal disclaimer, request for patent term extension, and request for reexamination. Endo shall have the right to comment on the Prosecution of the EpiCept Licensed Patents and EpiCept Improvements and provide such comments to EpiCept's patent counsel, and EpiCept shall require its patent counsel to consider in good faith such comments from Endo, and, to the extent not inconsistent with EpiCept's rights and/or commercial interests, EpiCept shall require its patent counsel to incorporate all such comments. In the event that Endo's comments are inconsistent with EpiCept's rights and/or commercial interests, EpiCept and Endo agree to negotiate in good faith a Prosecution strategy with respect to the relevant EpiCept Licensed Patents and/or EpiCept Improvements that would adequately cover Endo's interests, without adversely affecting EpiCept's rights and/or commercial interests. If Endo fails to provide its comments with respect to the Prosecution of a patent application and/or Patent within the EpiCept Licensed Patents and/or EpiCept Improvements at least five (5) days prior to the deadline for filing or otherwise responding to the relevant paper in the relevant patent office, EpiCept shall be free to act without consideration of Endo's comments.

Right to Consult. During the Term of this Agreement, EpiCept shall copy EndoAdolor, or have Endo Adolor copied, on all substantive documents relating to EpiCept Licensed Patents and EpiCept Improvements received from or to be filed in any patent office in the Territory, within fifteen (15) days of receipt from the patent office and at least fifteen (15) days prior to filing with the patent office, respectively, including without limitation copies of each patent application, official action, response to official action, declaration, information disclosure statement, request for terminal disclaimer, request for patent term extension, and request for reexamination. Endo Adolor shall have the right to comment on the Prosecution of the EpiCept Licensed Patents and EpiCept Improvements and provide such comments to EpiCept's patent counsel, and EpiCept shall require its patent counsel to consider in good faith such comments from EndoAdolor, and, to the extent not inconsistent with EpiCept's rights and/or commercial interests, EpiCept shall require its patent counsel to incorporate all such comments. In the event that EndoAdolor's comments are inconsistent with EpiCept's rights and/or commercial interests, EpiCept and Endo Adolor agree to negotiate in good faith a Prosecution strategy with respect to the relevant EpiCept Licensed Patents and/or EpiCept Improvements that would adequately cover EndoAdolor's interests, without adversely affecting EpiCept's rights and/or commercial interests. If Endo Adolor fails to provide its comments with respect to the Prosecution of a patent application and/or Patent patent within the EpiCept Licensed Patents and/or EpiCept Improvements at least five (5) days prior to the deadline for filing or otherwise responding to the relevant paper in the relevant patent office, EpiCept shall be free to act without consideration of EndoAdolor's comments.

Right to Consult. During the Term of this AgreementTerm, EpiCept Faes shall copy EndoInspire, or have Endo Inspire copied, on all material, substantive documents relating to EpiCept Faes Licensed Patents and EpiCept Improvements received by or on behalf of Faes from or to be filed by or on behalf of Faes in any patent office in the Inspire Territory, within fifteen (15) days of promptly after receipt from the patent office and at least fifteen (15) days prior to filing with the patent office, respectively, including without limitation copies of each patent application, official action, response to official action, declaration, information disclosure statement, request for terminal disclaimer, request for patent term extension, and request for reexamination. Endo Inspire shall have the right to comment on the Prosecution of the EpiCept Licensed Patents and EpiCept Improvements and provide such comments to EpiCept's patent counseldocuments, and EpiCept Faes shall require its patent counsel to reasonably consider in good faith such any reasonable comments timely received from EndoInspire. If Faes elects to have Inspire conduct Prosecution of particular Patent Rights in the Inspire Principal Territory pursuant to Section 10.3, andthen thereafter during the Term, Inspire shall copy Faes, or have Faes copied, on all material, substantive documents relating to the extent not inconsistent with EpiCept's rights and/or commercial interests, EpiCept shall require its patent counsel to incorporate all such comments. In the event that Endo's comments are inconsistent with EpiCept's rights and/or commercial interests, EpiCept and Endo agree to negotiate in good faith a Prosecution strategy with respect to the relevant EpiCept Faes Licensed Patents and/or EpiCept Improvements that would adequately cover Endo's interestsreceived by or on behalf of Inspire from or to be filed by or on behalf of Inspire in any patent office in the Inspire Principal Territory, without adversely affecting EpiCept's rights and/or commercial interests. If Endo fails to provide its comments with respect to promptly after receipt from the Prosecution of a patent application and/or Patent within the EpiCept Licensed Patents and/or EpiCept Improvements office and at least five fifteen (515) days prior to filing with the deadline for filing or otherwise responding to the relevant paper in the relevant patent office, EpiCept respectively, including without limitation copies of each patent application, official action, response to official action, declaration, information disclosure statement, request for terminal disclaimer, request for patent term extension, and request for reexamination. Faes shall be free *[NOTE: CERTAIN PORTIONS OF THIS DOCUMENT HAVE BEEN MARKED TO INDICATE THAT CONFIDENTIAL INFORMATION HAS BEEN OMITTED. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED FOR THIS CONFIDENTIAL INFORMATION. THE CONFIDENTIAL PORTIONS HAVE BEEN PROVIDED SEPARATELY TO THE SECURITIES AND EXCHANGE COMMISSION.] have the right to act without consideration of Endo's commentscomment on such documents, and Inspire shall reasonably consider in good faith any reasonable comments timely received from Faes.

Right to Consult. During the Term of this Agreement, EpiCept BioZone shall copy EndoALCiS, or have Endo ALCiS copied, on all substantive documents relating to EpiCept BioZone Licensed Patents and EpiCept BioZone Improvements received from or to be filed in any patent office in the Territory, within fifteen (15) days of receipt from the patent office and at least fifteen (15) days prior to filing with the patent office, respectively, including without limitation copies of each patent application, official action, response to official action, declaration, information disclosure statement, request for terminal disclaimer, request for patent term extension, and request for reexamination. Endo ALCiS shall have the right to comment on the Prosecution of the EpiCept BioZone Licensed Patents and EpiCept BioZone Improvements and provide such comments to EpiCept's BioZone’s patent counsel, and EpiCept BioZone shall require its patent counsel to consider in good faith such comments from EndoALCiS, and, to the extent not inconsistent with EpiCept's BioZone’s rights and/or commercial interests, EpiCept BioZone shall require its patent counsel to incorporate all such comments. In the event that Endo's ALCiS’ comments are inconsistent with EpiCept's BioZone’s rights and/or commercial interests, EpiCept BioZone and Endo ALCiS agree to negotiate in good faith a Prosecution strategy with respect to the relevant EpiCept BioZone Licensed Patents and/or EpiCept BioZone Improvements that would adequately cover Endo's ALCiS’ interests, without adversely affecting EpiCept's BioZone’s rights and/or commercial interests. If Endo ALCiS fails to provide its comments with respect to the Prosecution of a patent application and/or Patent within the EpiCept BioZone Licensed Patents and/or EpiCept BioZone Improvements at least five (5) days prior to the deadline for filing or otherwise responding to the relevant paper in the relevant patent office, EpiCept BioZone shall be free to act without consideration of Endo's ALCiS’ comments.

Right to Consult. During the Term of this Agreement, EpiCept shall copy EndoAdolor, or have Endo Adolor copied, on all substantive documents relating to EpiCept Licensed Patents and EpiCept Improvements received from or to be filed in any patent office in the Territory, within fifteen (15) days of receipt from the patent office and at least fifteen (15) days prior to filing with the patent office, respectively, including without limitation copies of each patent application, official action, response to official action, declaration, information disclosure statement, request for terminal disclaimer, request for patent term extension, and request for reexamination. Endo Adolor shall have the right to comment on the Prosecution of the EpiCept Licensed Patents and EpiCept Improvements and provide such comments to EpiCept's ’s patent counsel, and EpiCept shall require its patent counsel to consider in good faith such comments from EndoAdolor, and, to the extent not inconsistent with EpiCept's ’s rights and/or commercial interests, EpiCept shall require its patent counsel to incorporate all such comments. In the event that Endo's Adolor’s comments are inconsistent with EpiCept's ’s rights and/or commercial interests, EpiCept and Endo Adolor agree to negotiate in good faith a Prosecution strategy with respect to the relevant EpiCept Licensed Patents and/or EpiCept Improvements that would adequately cover Endo's Adolor’s interests, without adversely affecting EpiCept's ’s rights and/or commercial interests. If Endo Adolor fails to provide its comments with respect to the Prosecution of a patent application and/or Patent patent within the EpiCept Licensed Patents and/or EpiCept Improvements at least five (5) days prior to the deadline for filing or otherwise responding to the relevant paper in the relevant patent office, EpiCept shall be free to act without consideration of Endo's Adolor’s comments.. [**] CONFIDENTIAL TREATMENT REQUESTED CONFIDENTIAL PORTION OMITTED AND FILED SEPARATELY WITH THE COMMISSION