Common use of Suit by Licensee Clause in Contracts

Suit by Licensee. Licensee shall have the right, but shall not be obligated, to commence suit for any infringement of the Licensed Patents, and Licensor agrees that Licensee may cause Licensor to join it as a party to any such suit at no expense to Licensor. The total cost of any such infringement action commenced or defended solely by Licensee shall be borne by Licensee, and Licensee shall retain any recovery or damages awarded in such action, but such recovery or damages shall be treated as Sales of Licensed Products, and Licensee shall pay royalties thereon to Licensor in accordance with paragraph 4.1(b) of this Agreement. No settlement, consent judgment or other voluntary final disposition of the suit may be entered into without the written consent of Licensor, which consent shall not be unreasonably withheld. Licensee shall indemnify Licensor against any order for costs or award of sanctions that may be made or entered against Licensor in such proceedings.

Appears in 1 contract

Samples: License Agreement (Renovis Inc)

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Suit by Licensee. Licensee shall have the right, but shall not be ---------------- obligated, to commence suit for any infringement of the Licensed Patents, and Licensor agrees Licensors agree that Licensee may cause Licensor Licensors to join it as a party to any such suit at no expense to LicensorLicensors. The total cost of any such infringement action commenced or defended solely by Licensee shall be borne by Licensee, Licensee and Licensee shall retain any recovery or damages awarded in such action, but such recovery or damages shall be treated as Sales of Licensed Products, and Licensee shall pay royalties thereon to Licensor Licensors in accordance with paragraph 4.1(b) of this Agreement. No settlement, consent judgment or other voluntary final disposition of the suit may be entered into without the written consent of LicensorLicensors, which consent shall not be unreasonably withheld. Licensee shall indemnify Licensor Licensors against any order for costs or award of sanctions that may be made or entered against Licensor Licensors in such proceedings.

Appears in 1 contract

Samples: License Agreement (Centaur Pharmaceuticals Inc)

Suit by Licensee. Licensee shall have the right, but shall not be ---------------- obligated, to commence suit for any infringement of the Licensed Patents, and Licensor agrees that Licensee may cause Licensor to join it as a party to any such suit at no expense to Licensor. The total cost of any such infringement action commenced or defended solely by Licensee shall be borne by Licensee, and Licensee shall retain any recovery or damages awarded in such action, but such recovery or damages shall be treated as Sales of Licensed Products, and Licensee shall pay royalties thereon to Licensor in accordance with paragraph 4.1(b) of this Agreement. No settlement, consent judgment or other voluntary final disposition of the suit may be entered into without the written consent of Licensor, which consent shall not be unreasonably withheld. Licensee shall indemnify Licensor against any order for costs or award of sanctions that may be made or entered against Licensor in such proceedings.

Appears in 1 contract

Samples: License Agreement (Centaur Pharmaceuticals Inc)

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Suit by Licensee. Licensee shall have the right, but shall not be obligated, to commence suit for any infringement of the Licensed Patents, and Licensor agrees Licensors agree that Licensee may cause Licensor Licensors to join it as a party to any such suit at no expense to LicensorLicensors. The total cost of any such infringement action commenced or defended solely by Licensee shall be borne by Licensee, Licensee and Licensee shall retain any recovery or damages awarded in such action, but such recovery or damages shall be treated as Sales of Licensed Products, and Licensee shall pay royalties thereon to Licensor Licensors in accordance with paragraph 4.1(b) of this Agreement. No settlement, consent judgment or other voluntary final disposition of the suit may be entered into without the written consent of LicensorLicensors, which consent shall not be unreasonably withheld. Licensee shall indemnify Licensor Licensors against any order for costs or award of sanctions that may be made or entered against Licensor Licensors in such proceedings.

Appears in 1 contract

Samples: License Agreement (Renovis Inc)

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