Infringement and Invalidity. 8.1 Licensee shall inform UFRF promptly in writing of any alleged infringement of the Licensed Patents by a third party and of any available evidence thereof.
Infringement and Invalidity. 8.1 Licensee shall inform Licensor promptly in writing of any alleged infringement of the Licensed Patents by a third party and of any available evidence thereof.
Infringement and Invalidity. 8.1 Either party shall inform the other party in writing within ten (10) business days of it becoming aware of any alleged infringement of the Licensed Patents by a third party, along with any available evidence thereof.
Infringement and Invalidity. 8.1 In the event that any Licensed Patents are infringed by a third party, Licensor and joint owners of the Licensed Patents (subject to and as described in the Inter-Institutional Agreement attached as Appendix A) shall have the first right and choice, but not obligation, to defend the Licensed Patents. Licensee shall have the right, but not the obligation, to defend the Licensed Patents after Licensor and joint owners elect not to commence a suit either by formal notice to Licensee or by failure to act within the ninety (90) day period following notification of the infringer, to institute, prosecute and control any action or proceeding with respect to such infringement, by counsel of its choice, including any declaratory judgment action arising from such infringement provided, however, prior to instituting such action, Licensee shall first meet with FSURF and provide FSURF with (i) a written estimate of the expenses that would reasonably be incurred in connection with such action or proceeding and (ii) financial records reasonably sufficient to reasonably demonstrate that it has the financial wherewithal to pay such expenses as they fall due through the conclusion of such action or proceeding by means of judgment or other final, non-appealable decision or a plan to raise such funds. In the event that any Patent Rights licensed to Licensee are infringed by a third party prior to Licensee filing an investigational new drug application (“IND”) for a Licensed Product, prior to any enforcement action being taken by either FSURF or Licensee regarding such infringement, FSURF and Licensee shall discuss, and will mutually agree, in writing, as to how to handle such infringement by such third party. Licensee shall be free to enter into a settlement, consent judgment, or other voluntary disposition with respect to any such action, provided that any settlement, consent judgment or other voluntary disposition thereof which (i) materially limits the scope, validity, or enforceability of patents included in the Patent Rights or (ii) admits fault or wrongdoing on the part of FSURF must be approved by FSURF, such approval not to be unreasonably withheld. Licensee’s request for such approval shall include complete copies of final settlement documents, a detailed summary of such settlement, and any other information material to such settlement. FSURF shall provide Licensee notice of its approval or denial within fifteen (15) business days of any request for such approval ...
Infringement and Invalidity a. LICENSEE shall inform LICENSOR promptly in writing of any alleged infringement of the LICENSOR’S Technology by a third party and of any available evidence thereof.
Infringement and Invalidity. 8.1 Licensee shall inform UFRF, and similarly UFRF shall inform Licensee, promptly in writing of any alleged infringement of the Patent Rights in the Licensed Field and Licensed Territory by a third party and of any available evidence of the alleged infringement.
Infringement and Invalidity. 8.1 Each party shall inform the other promptly in writing of any alleged infringement of the Licensed Patents by a third party within the Licensed Field and of any available evidence thereof.
Infringement and Invalidity. 7.1 Licensee shall inform Xxxxxxxx, and similarly Licensor shall inform Licensee, promptly in writing of any alleged infringement of this License Agreement in the Licensed Territory by a third party and of any available evidence of the alleged infringement.
Infringement and Invalidity. 7.1 The Licensee shall, as soon as reasonably practicable after becoming aware of any challenge to the validity of any of the [RBS]/[NatWest] Trade Marks [or the RBS Domain Names], notify the Licensor. The Licensor shall notify the Licensee as soon as reasonably practicable after becoming aware of any challenge to the validity of any of the [RBS]/[NatWest] Trade Marks [or the RBS Domain Names] that comes to its attention and which may adversely affect the Licensee’s use of the same pursuant to the terms of this Agreement.
Infringement and Invalidity. 8.1 CTI shall inform UFRF promptly in writing of any alleged infringement of the Licensed Patents by a third party and of any available evidence thereof.
