Trademark and Patent Infringement. 16.1 Each Party shall give prompt notice to the other if either Party becomes aware of any of the following within the Territory:
Trademark and Patent Infringement. The conduct of the Business by the Vendor does not infringe upon any patent, trademark or other proprietary right, domestic or foreign, of any person in respect of which there is any significant likelihood that it would have a material adverse effect on the Assets or the Business.
Trademark and Patent Infringement. 22.1 Both Prometheus and AstraZeneca shall give prompt notice to the other if either Party becomes aware of:
Trademark and Patent Infringement. To its knowledge, the conduct of the Business by it does not, and did not, infringe upon any patent, trademark or other proprietary right, domestic or foreign, of any Person.
Trademark and Patent Infringement. 7.1 In the event that any or all of the trademarks, trade names, patents, patents pending or trade secrets forming a part of the Technology and Present Technology or which form a part of or may form a part of the Developed Technology or know-how (hereinafter referred to as the "Patents and Trademarks") becomes the subject of litigation the Licensor hereby undertakes and agrees that it shall, at the cost of the Licensee, prosecute and/or defend such litigation, as the case may be, to the fullest extent possible including, but not limited to, all appeals possible in the event of such litigation resulting in a decision which results in the prohibition of the use of the Patents and Trademarks by the Licensee, or any Sublicensee or Sub-sublicensee.
Trademark and Patent Infringement. POLYMER shall promptly notify SCJ in writing of, and submit specimens of any instances of, actual or probable infringement known to POLYMER of the CHEMICAL MARKS. POLYMER shall likewise notify SCJ of any information or notice that the CHEMICAL MARKS infringe trademark rights of others. SCJ shall notify POLYMER of any lawsuit filed against SCJ by a third party alleging that the SCJ LICENSED PRODUCTS infringe patent rights of others or that the CHEMICAL MARKS infringe trademark rights of others. SCJ shall have the right to control, and bear the cost incurred in connection with the prosecution and defense of any infringement actions relating to the SCJ LICENSED PRODUCTS or CHEMICAL MARKS. Nonetheless, POLYMER shall have the right to participate in (at its own cost) and consult with SCJ in connection with such actions. SCJ shall give good faith consideration to any proposals or recommendations made by POLYMER regarding strategy or procedure in connection with prosecution or defense of any such infringement action. Any damage award against POLYMER or SCJ based on POLYMER’s infringement of a third party’s intellectual property rights shall be the sole responsibility of POLYMER. If SCJ decides, at its discretion, not to defend or continue to defend an infringement action relating to the SCJ LICENSED PRODUCTS or CHEMICAL MARKS, including without limitation any decision not to continue to maintain its trademark rights challenged by such suit, POLYMER shall have the right to do so (unless SCJ has a reasonable objection thereto) at its sole cost and expense, including the right to maintain the applicable trademark registrations in the name of and on behalf of SCJ; provided, however, that nothing herein shall limit SCJ’s right to terminate any LICENSED BRAND from the license granted herein pursuant to Section 15(j). If SCJ decides, at its discretion, not to prosecute or continue the prosecution of an infringement action against a third party, POLYMER shall have the right to do so (unless SCJ has a reasonable objection thereto) at its sole cost and expense.
Trademark and Patent Infringement. The conduct of the Business by MOB does not infringe upon any patent, trademark or other proprietary right, domestic or foreign, of any person in respect of which there is any significant likelihood that it would have a material adverse effect on the Assets or the Business.
Trademark and Patent Infringement. The conduct of the Business by NLR ---------------------------------- and its Subsidiaries does not infringe upon any patent, trademark or other proprietary right, domestic or foreign, of any person in respect of which there is any significant likelihood that it would have a material adverse effect on the Assets or the Business.
Trademark and Patent Infringement. To the best of the knowledge of Xxxxxxxx and/or Bethel, the conduct of the Business by CSI does not infringe upon any patent, trademark or other proprietary right, domestic or foreign, of any person in respect of which there is any significant likelihood that it would have a material adverse effect on the Assets or the Business.
Trademark and Patent Infringement. Except as set out in Schedule L, the conduct of the Business by any of the Operating Entities does not infringe upon any patent, trademark or other proprietary right, domestic or foreign, of any person in respect of which there is any significant likelihood that it would have a material adverse effect on the Assets or the Business.
