Third Party Infringement definition
Examples of Third Party Infringement in a sentence
Any recoveries allocated to Lyell under Section 7.3(d)(ii) that exceed the costs and expenses incurred by or on behalf of Lyell and its Affiliates in connection with such Third Party Infringement shall be treated as Net Sales for purposes of determining Royalty Payments and Commercial Milestones hereunder.
Any and all recoveries resulting from a Claim or other steps to remedy a claim of Third Party Infringement shall (i) first be applied to reimburse the Non-Controlling Party’s reasonable out-of-pocket costs and expenses incurred in connection therewith and (ii) the balance shall be allocated to the Controlling Party.
Each Party will promptly notify the IP Steering Committee in the event of any actual, potential or suspected infringement, misappropriation or other violation of any ICT IP by any Third Party (“Third Party Infringement”) prior to initiating any Claim or taking any material steps to remedy the applicable Third Party Infringement.
During the Term, as between the Parties, ▇▇▇▇▇ shall have the first right, but not the obligation, to initiate a Claim or take other steps to remedy any Third Party Infringement of a Product Patent or Product Know-How in the Lyell Territory using counsel of its own choice at Lyell’s sole cost and expense (without limiting, and subject to, the ICT Group’s obligations under Article 9).