Common use of Right to Enforce Clause in Contracts

Right to Enforce. Artiva shall have the first right, but shall not be obligated, to bring and control an infringement action with respect to any GCLC Core Patent or Joint Patent in the Territory against any person or entity, at Artiva’s sole cost and expense. If Artiva does not bring such an action with respect to a GCLC Core Patent or Joint Patent in the Territory (or settle or otherwise secure the abatement of such infringement) prior to the earlier of: (i) [***] days following Artiva’s receipt or delivery of the notice under Section 8.3(a), or (ii) [***] days before the deadline, if any, set forth in the applicable Laws for the filing of such actions, GCLC shall have the right to bring and control any such action, at its own expense and by counsel of its own choice.

Appears in 2 contracts

Samples: Option and License Agreement (Artiva Biotherapeutics, Inc.), Option and License Agreement (Artiva Biotherapeutics, Inc.)

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Right to Enforce. Artiva shall have the first right, but shall not be obligated, to bring and control an infringement action with respect to any GCLC Core Product Patent or Additional Joint Patent in the Territory against any person or entity, at Artiva’s sole cost and expense. If Artiva does not bring such an action with respect to a GCLC Core Product Patent or Additional Joint Patent in the Territory (or settle or otherwise secure the abatement of such infringement) prior to the earlier of: (i) [***] days following Artiva’s receipt or delivery of the notice under Section 8.3(a4.3(a), or (ii) [***] days before the deadline, if any, set forth in the applicable Laws for the filing of such actions, GCLC shall have the right to bring and control any such action, at its own expense and by counsel of its own choice. The provisions of this Section 4.3(b) are subject to the rights of [***] under the [***].

Appears in 2 contracts

Samples: Product License Agreement (Artiva Biotherapeutics, Inc.), Selected Product License Agreement (Artiva Biotherapeutics, Inc.)

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Right to Enforce. Artiva shall have the first right, but shall not be obligated, to bring and control an infringement action with respect to any GCLC Core Product Patent or Additional Joint Patent in the Territory against any person or entity, at Artiva’s sole cost and expense. If Artiva does not bring such an action with respect to a GCLC Core Product Patent or Additional Joint Patent in the Territory (or settle or otherwise secure the abatement of such infringement) prior to the earlier of: (i) [***] days following Artiva’s receipt or delivery of the notice under Section 8.3(a4.3(a), or (ii) [***] days before the deadline, if any, set forth in the applicable Laws for the filing of such actions, GCLC shall have the right to bring and control any such action, at its own expense and by counsel of its own choice.

Appears in 1 contract

Samples: Selected Product License Agreement (Artiva Biotherapeutics, Inc.)

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