Abandonment of Prosecution by RIB-X Sample Clauses

Abandonment of Prosecution by RIB-X. In the event that the Wakunaga Patents are being Prosecuted by RIB-X, RIB-X shall notify WAKUNAGA in the event it is unable or unwilling for any reason to Prosecute all or any of the Wakunaga Patents pursuant to Section 11.5. Such notification shall be given within a reasonable period (i.e., with sufficient time for WAKUNAGA to take whatever action may be necessary or desired) prior to the date on which such patent application(s) or patent(s) will lapse or go abandoned, and, in such event, WAKUNAGA shall have the right, but not the obligation, to Prosecute at its own cost the patent rights within such Wakunaga Patents, through patent counsel selected by WAKUNAGA and reasonably acceptable to RIB-X, to the extent such Wakunaga Patents are being Prosecuted in the United States and/or such other countries as the Parties may agree in writing. In the event WAKUNAGA is Prosecuting any Wakunaga Patents pursuant to this Section 11.6, the provisions of Section 11.5 shall apply in favor of RIB-X, mutatis mutandis. Portions of this Exhibit, indicated by the xxxx “[***],” were omitted and have been filed separately with the Secretary of the Commission pursuant to the Registrant’s application requesting confidential treatment pursuant to Rule 406 of the Securities Act of 1933, as amended.

Abandonment of Prosecution by RIB-X. In the event that the Abbott Patents are being Prosecuted by Rib-X and Rib-X decides it is unable or unwilling for any reason to Prosecute all or any of the Abbott Patents pursuant to Section 2.3, Rib-X shall provide Abbott notification promptly, and, in such event, Abbott shall have the right, but not the obligation, to Prosecute, at its own cost, the patent rights within such Abbott Patents, through patent counsel selected by Abbott. For the Abbott Patents for which Rib-X does not provide Abbott with notice as per the first sentence of this paragraph 2.5, in the event that Rib-X Prosecutes the Abbott Patents, and a patent and/or patent application under the Abbott Patents is either amended during Prosecution and no longer covers the Compound and/or Product, or the patent application or patent goes abandoned or lapses in any country in the Territory, Rib-X and its sub-licensees shall pay its or their obligations to Wakunaga according to the milestone and running royalty provisions in Sections 7.1 and 7.2 of the Rib-X License Agreement for the duration of what would have been the normal expiration date of the amended, abandoned or lapsed patent, or in the case of an amended or abandoned patent application, the expiration date as if the patent application was granted and contained a Valid Claim.