Common use of Claimed Infringement Clause in Contracts

Claimed Infringement. In the event that a third party at any time provides written notice of a claim to, or brings an action, suit or proceeding against, either Party or any of their respective Affiliates or sublicensees, claiming infringement of its patent rights or unauthorized use or misappropriation of its know-how, based upon an assertion or claim arising out of the manufacture, use or sale of Licensed Products, such Party shall promptly notify the other Party of the claim or the commencement of such action, suit or proceeding, enclosing a copy of the claim and all papers served. Each Party agrees to make available to the other Party its advice and counsel regarding the technical merits of any such claim.

Appears in 3 contracts

Samples: Exclusive License Agreement (Anterios Inc), Exclusive License Agreement (Anterios Inc), Exclusive License Agreement (Anterios Inc)

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Claimed Infringement. (a) In the event that a third party at any time provides written notice of a claim to, or brings an action, suit suit, or proceeding against, either Party or any of their respective Affiliates or sublicenseesSublicensees, claiming infringement of its patent rights or unauthorized use or misappropriation of its know-how, based upon an assertion or claim arising out of the development, use, manufacture, use distribution, or sale of Licensed Products, such Party shall promptly notify the other Party of the claim or the commencement of such action, suit suit, or proceeding, enclosing a copy of the claim and and/or all papers served. Each Party agrees to make available to the other Party its advice and counsel regarding the technical merits of any such claimclaim at no cost to the other Party.

Appears in 3 contracts

Samples: License Agreement (Xcyte Therapies Inc), License Agreement (Xcyte Therapies Inc), License Agreement (Xcyte Therapies Inc)

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Claimed Infringement. (a) In the event that a third party at any time provides written notice of a claim to, or brings an action, suit or proceeding against, either Party any Party, or any of their respective Affiliates or sublicenseesSublicensees, claiming infringement of its patent rights or unauthorized use or misappropriation of its know-how, based upon an assertion or claim arising out of the development, use, manufacture, use distribution or sale of Licensed Products, such Party shall promptly notify the other Party Parties of the claim or the commencement of such action, suit or proceeding, enclosing a copy of the claim and all papers served. Each Party agrees to make available to the other Party Parties its advice and counsel regarding the technical merits of any such claimclaim at no cost to the other Parties and to offer reasonable assistance to the other Parties at no cost to the other Parties.

Appears in 1 contract

Samples: Development and License Agreement (Xoma LTD /De/)

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