Settlement with a Third Party. The Party that controls the prosecution of a given action shall also have the right to control settlement of such action, provided however, that no settlement shall be entered into without the written consent of the non-controlling Party if such settlement involves any payment or admission of liability by such non-controlling Party.
Settlement with a Third Party. The Controlling Party that is controlling an enforcement action shall also have the right to control the settlement of such enforcement action; provided, the Controlling Party shall not admit the unenforceability or invalidity of Patents Controlled by the other Party without such other Party’s prior written consent.
Settlement with a Third Party. The Party that controls the prosecution of a given action under Section 7 will also have the right to control settlement of an action described above; provided, however, that no settlement will be entered into with respect to a Patent without the written consent of the party owning such Patent, if such settlement would require the party to be subject to an injunction or make a monetary payment in excess of US$10,000 or would restrict the claims in or invalidate any of the Patents.
Settlement with a Third Party. The Party that controls the prosecution of a given action under this Section 9.4 will also have the right to control settlement of such action; provided, however, that no settlement will be entered into concerning or affecting the validity or enforceability of (i) the Licensed Technology or the Product Trademarks without the written consent of POZEN or (ii) the Xcel Technology without the written consent of Xcel.
Settlement with a Third Party. The Party that controls the prosecution of a given action under this Section 10.5 will also have the right to control settlement of such action; provided, however, that no settlement will be entered into which would limit the scope or enforceability of any POZEN Patents or a Patent covering Improvements without the written consent of POZEN, such consent not to be unreasonably withheld.
Settlement with a Third Party. The Party that solely brings suit to enforce a given Elan Patent, Biogen Patent or Collaboration Invention Patent Right shall also have the right to control settlement of such claim; provided, however, that if one Party controls, no settlement shall be entered into without the written consent of the other Party. If there is no agreement between the Parties regarding such settlement, then the dispute will be resolved pursuant to Article 16 below. If the dispute is not resolved pursuant to Article 16, then the case may not be settled.
Settlement with a Third Party. The entity that controls the ----------------------------- defense of a given claim with respect to a Collaboration Product shall also have the right to control settlement of such claim; provided, however, that other -------- ------- than as provided in Section 11.06(b), no settlement shall be entered into without the written consent of the other Party, which consent shall not be unreasonably withheld or delayed. If there is no agreement between the Parties as to any proposed settlement, then the dispute shall be decided by the Steering Committee, and, if the Steering Committee is unable to decide the dispute, the matter will be resolved pursuant to Article XIV.
Settlement with a Third Party. Either Party will also have the right to control settlement of a claim described in subsection 10.6.1 above; provided, however, that no settlement will be entered into without the written consent of the other Party. If there is no agreement between the Parties as to any proposed settlement, then the dispute will be decided pursuant to Section 17 of this Agreement.
Settlement with a Third Party. A party may not settle an action or proceeding against an infringer under Section 5.1 or Section 5.2 (except with respect to an Acquired Joint Patent) without the written consent of such other party, such consent not to be unreasonably withheld or delayed.
Settlement with a Third Party. The Party that controls the prosecution of a given action or proceeding under this Section 12.1 will also have the right to control settlement of such action or proceeding; provided, however, that no settlement will be entered into with respect to a Patent without the written consent of the Party owning such Patent, and provided further, that no settlement of any such action or proceeding which restricts the scope, or adversely affects the enforceability, of a Kissei Patent in a manner that materially and adversely affects Elixir’s rights hereunder may be entered into by Kissei without the prior written consent of Elixir, in each case which consent shall not be unreasonably withheld or delayed.
