Back-Up Rights. (a) Customer may only make copies of Eyefinity Product(s) for back up or archival purposes.
Back-Up Rights. If GSK decides not to Prosecute, or not to continue Prosecuting, any GSK Patent, GSK shall provide Codexis with written notice of such decision at least forty-five (45) days prior to the date upon which the subject matter of such GSK Patent shall lapse or become abandoned. The basis for such decision shall be discussed by the Patent Committee pursuant to Section 5.2 and Codexis shall thereupon have the right (but not the obligation) to assume responsibility for Prosecution of such GSK Patent at Codexis’ expense, and with counsel of Codexis’ choosing, except (a) any GSK Patent covering any Licensed Product; and (b) any GSK Patent relating to any GSK Compound, any GSK Existing Pharmaceutical Product, any GSK Initial Enzyme, and/or any GSK Selected Enzyme. Effective upon the date Codexis assumes responsibility for Prosecution of such GSK Patent, and the costs and expenses relating thereto, GSK hereby assigns any and all interest held by GSK in, to and under such GSK Patent to Codexis.
Back-Up Rights. If the Responsible Party with respect to an Invention specific to the Field or any Joint Invention decides to abandon or not to pursue prosecution of any Patent Right which claims such Invention or Joint Invention, it shall permit the other party, at its option and expense, to undertake such obligations. The party not undertaking such actions shall fully cooperate with the other party and shall provide to the other party whatever assignments and other documents that may be needed in connection therewith.
Back-Up Rights. Section 13.7 of the KH Agreement is hereby amended to provide that should either Geron or Kyowa Hakko determine not to file, prosecute, maintain or issue a Geron Patent, Kyowa Hakko Patent, or Joint Patent, then the rights of the party not making such determination shall be subject to P&U's rights, as provided in the Three-Way Agreement.
Back-Up Rights. Should Geron determine not to file, prosecute, issue or maintain a Geron Patent or Joint Patent in the Field, it will timely grant any necessary authority it may legally grant to P&U to file, prosecute, issue or maintain such Patent in the name of Geron in the Field, all at the expense of P&U. P&U shall exercise reasonable judgment consistent with good pharmaceutical industry practices in determining whether to file, prosecute, issue or maintain any Patent, whether under Section 14.3 or this Section 14.8, and shall not willfully avoid the issuance of any patent to avoid the payment of royalties to Geron; provided, however, that in the event Geron believes that P&U has breached the foregoing covenant, the parties shall agree to submit the matter for resolution in accordance with Section 19.10.
Back-Up Rights. If the Responsible Party with respect to any Joint Invention decides to abandon or not to pursue prosecution of any Patent Rights, copyrights or other similar rights which claim a Joint Invention, it shall permit the other party, at its option and expense, to undertake such obligations. The party not undertaking such actions shall fully cooperate with the other party and shall provide to the other party whatever assignments and other documents that may be needed in connection therewith. If a party undertakes the obligations of a "Responsible Party" under this Section 4 with respect to any such Patent Right, copyright or other similar right which claims a Joint Invention under this Section 4.5(e), it shall prosecute and maintain the same vigorously at its own expense, and shall not abandon or compromise such rights or fail to exercise any rights of appeal without giving the other party the right to take over the prosecuting party's conduct, at such other party's own expense.
Back-Up Rights. Should GenQuest determine not to file, prosecute, maintain or issue a Corixa Research Patent, GenQuest Patent or Joint Patent or related application for any invention related to the Corixa Exclusive Field in any particular country or jurisdiction in the Territory, it shall immediately grant any and all authority necessary to allow Corixa to timely file, prosecute, maintain and issue such a patent application or maintain such a patent in the Territory, with [***] of the related Patent Costs offset against royalties otherwise payable to GenQuest pursuant to Section 6 of this Agreement with respect to such Patent.
Back-Up Rights. If Merck decides not to Prosecute, or not to continue Prosecuting, any Merck Patents, Merck shall provide Codexis with written notice of such decision at least forty-five (45) days prior to the date upon which the subject matter of such Merck Patent shall lapse or become abandoned. The basis for such decision shall be discussed by the Patent Committee pursuant to Section 6.5.1 and Codexis shall thereupon have the right (but not the obligation) to assume responsibility for Prosecution of such Merck Patent at Codexis’ expense, and with counsel of Codexis’ choosing. Effective upon the date Codexis assumes responsibility for Prosecution of such Merck Patent, and the costs and expenses relating thereto, Merck hereby assigns any and all interest held by Merck in, to, and under such Merck Patent to Codexis. [***] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. - 27 – Execution Version 6.5.5
Back-Up Rights. End User may only make copies of the Coding Update File for back-up or archival purposes. All notices of proprietary rights, including trademark and copyright notices, must appear on all permitted back up or archival copies made. DISCLAIMER OF WARRANTY THE EDITORIAL CONTENT AS CONTAINED IN THE CODING UPDATE FILE IS PROVIDED “AS IS”AND WITHOUT ANY LIABILITY TO THE AMA AND/OR QSI, INCLUDING WITHOUT LIMITATION, NO LIABILITY FOR CONSEQUENTIAL, INDIRECT, CONTINGENT, OR SPECIAL DAMAGES, LOST PROFITS FOR SEQUENCE, ACCURACY OR COMPLETENESS OF DATA OR THAT IT WILL MEET THE END USER’S REQUIREMENTS, EVEN IF THE AMA AND/OR QSI OR ANY OF THEIR REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. END USER ASSUMES THE ENTIRE RISK OF USING THE CODING UPDATE FILE AND ANY EDITORIAL CONTENT THEREIN. AMA AND QSI’S SOLE LIABILITY AND RESPONSIBILITY IS FOR THE AMA TO MAKE AVAILABLE TO END USER THROUGH QSI A REPLACEMENT COPY OF THE CODING UPDATE FILE CONTAINING THE EMBEDDED EDITORIAL CONTENT IF THE DATA IS NOT INTACT; AND THAT THE AMA AND QSI DISCLAIM ANY LIABILITY FOR ANY CONSEQUENCES DUE TO USE, MISUSE, OR INTERPRETATION OF INFORMATION CONTAINED OR NOT CONTAINED IN THE EDITORIAL CONTENT ITSELF OR AS EMBEEDED WITHIN THE NEXTGEN® CODING UPDATE FILE.
Back-Up Rights. (a) The End User may only make copies of the Electronic Licensed Product(s) for back up or archival purposes.
