Common use of Settlement with a Third Party Clause in Contracts

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.

Appears in 2 contracts

Samples: Agreement (Kitov Pharma Ltd.), Agreement (Kitov Pharma Ltd.)

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Settlement with a Third Party. The Party that controls the prosecution of a given action under Section 7 13.2 will also have the right right, subject to the Kissei Agreement, 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.

Appears in 1 contract

Samples: Exclusive License Agreement (Islet Sciences, Inc)

Settlement with a Third Party. The Party that controls the prosecution of a given action under Section 7 will claim with respect to any Patent Right shall also have the right to control settlement of an action described abovesuch claim; provided, however, that no settlement will shall be entered into with respect to a Patent without the written consent of the party owning such Patent, other Party if such settlement would require materially adversely affect the party interests of such other Party. Any amount paid by a Third Party pursuant to this Clause 9.3.3 shall be allocated first to the costs and expenses of the Parties. Any amounts remaining shall be deemed 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[**].

Appears in 1 contract

Samples: Development Agreement (Emergent BioSolutions Inc.)

Settlement with a Third Party. The Party that controls the prosecution of a given action under this 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 Party owning such Patent, which shall not be unreasonably withheld if such settlement would require the party Party to be subject to an injunction or make a monetary payment in excess of US$10,000 US Dollars or would restrict the claims in or invalidate any of the Patents.

Appears in 1 contract

Samples: Exclusive License Agreement (Medicinova Inc)

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Settlement with a Third Party. The Party that controls the prosecution of a given action under this 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 Party owning such Patent, if such settlement would require the party 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.

Appears in 1 contract

Samples: Exclusive License Agreement (ObsEva SA)

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