Infringement of Third Party Intellectual Property Rights. (a) Each party hereto shall notify the other promptly of the receipt of notice of any action, suit or claim alleging infringement by the Patents, the Technology, the Trademarks or the Product of any Intellectual Property Rights of a third party.
Infringement of Third Party Intellectual Property Rights. In the event a claim of infringement of a third party’s intellectual property rights arising from the manufacture of the API, the importation of the API into the Territory, or the use or sale of the API in the Product or any Additional Product with a Cardiovascular Indication, is brought against either Party, PRONOVA shall defend such action at its own cost and expense in accordance with Section 13.4 and take either or both of the following actions simultaneously or sequentially:
Infringement of Third Party Intellectual Property Rights. The Network Service Provider shall indemnify and hold harmless the Eurosystem from and against any Losses incurred in connection with any claims of a third party asserted against the Eurosystem that the Network, the Connectivity Services or any part thereof or the use of the Network or the Connectivity Services by the Eurosystem or the Di.Co.A. in accordance with this Contract or the relevant ESMIG Connectivity Services Agreement, as the case may be, infringes the third party's Intellectual Property Rights (each such claim an "Infringement Claim") The Eurosystem shall, without undue delay after it becomes aware of such Infringement Claim, notify the Network Service Provider of any Infringement Claim asserted against the Eurosystem in writing. Without undue delay after having been notified of an Infringement Claim, the Network Service Provider shall assume, at its own cost, the defence of such Infringement Claim and shall, to the extent permitted under applicable law, conduct any negotiations and litigation in respect to such Infringement Claim, provided that the Network Service Provider shall not be entitled or authorised to make any declarations or take any actions in the name of the Eurosystem, in particular to agree to the settlement of any Infringement Claim, without the prior written consent of the Eurosystem which consent shall not be unreasonably withheld or delayed. The Eurosystem shall, to the extent reasonably required, assist the Network Service Provider with the conduct of any such negotiations and litigation.
Infringement of Third Party Intellectual Property Rights. 12.01 In the event that any Third Party brings or asserts a claim against Repare or NYU that the Commercialization of the NYU Technology or a Licensed Product infringes rights in Intellectual Property owned or otherwise controlled by such Third Party (an “Infringement Suit”), the following shall apply:
Infringement of Third Party Intellectual Property Rights. In the event that the manufacture, use or sale of the Product infringes or misappropriates third party Intellectual Property Rights, Aerogen may, in its sole discretion, (a) obtain for MIA the right to continue to market, sell and distribute the Product in the Territory, (b) replace or modify the Product so as to make the Product non-infringing, or (c) terminate MIA’s rights to distribute the Product in the Territory by written notice effective upon receipt pursuant to Section 14.9, but subject to Section 13.6(b). Aerogen may, in its sole discretion, enter into a settlement with the third party, including but not limited to, obtaining the rights described in subsection (a) above. If Aerogen terminates pursuant to subsection (c) above, MIA will remove all Product from the market and will cease distributing the Product. Aerogen shall not be obligated to indemnify MIA for third party claims arising out of the Product’s infringement of any intellectual property right of a third party resulting from MIA’s (x) modification of the Product by MIA other than Product Improvements or Manufacturing Improvements made pursuant to Section 3.4(a), (y) the combination of the Product with other technology or devices or (z) the modification, misuse or mishandling of OnQ Aerosol Generators after delivery thereof pursuant to Section 4.4.
Infringement of Third Party Intellectual Property Rights. Seller has not interfered with, infringed upon, misappropriated, or otherwise come into conflict with any Intellectual Property rights of third parties. Seller has not received any charge, complaint, claim, demand, or notice alleging any such interference, infringement, misappropriation, or violation (including any claim that Seller must license or refrain from using any Intellectual Property rights of any third party). Buyer will not interfere with, infringe upon, misappropriate, or otherwise come into conflict with, any Intellectual Property rights of third parties as a result of the continued operation of the Business as conducted on the Closing Date and as presently proposed to be conducted.
Infringement of Third Party Intellectual Property Rights. Each party hereto shall notify the other party promptly in the event of the receipt of notice of any action, suit or claim alleging infringement by the Licensed Product of any patent held or trademark, know-how or intellectual property owned by a third party. In such event, CID Lines shall immediately and thoroughly inform the Company of such third party's claim or action, and CID Lines shall take all provisional measures as to protect and preserve the Company's interests hereunder.
Infringement of Third Party Intellectual Property Rights. 10.1. In case a third party asserts claim against End User based on the Service allegedly infringing such third party's intellectual property rights (including patent, copyright or trademark) or misappropriates its trade secrets, hereinafter “IPR”), Supplier has the right, but not a legal obligation, to take over the defense (including all costs and expenses) of such IPR-infringement claim against End User, subject to this Clause 10 only.
Infringement of Third Party Intellectual Property Rights. In no event shall the licensor hereunder be required to assume the defense of or pay any costs of settlement of any alleged unauthorized use or infringement of any third party patent or other intellectual property rights arising out of or in connection with or resulting from any use of the Licensed Intellectual Property by the licensee hereunder, and the licensee shall hold the licensor harmless from any damages, costs or liabilities incurred by the licensor arising from or in connection with any such alleged unauthorized use or infringement; provided, however, that the licensor shall reasonably cooperate with the licensee in the defense of any such alleged unauthorized use or infringement and the licensee shall reimburse the licensor for all reasonable attorneys' fees and other out-of-pocket expenses incurred by the licensor in connection therewith. Notwithstanding the foregoing, nothing contained in this Agreement shall be deemed to limit Parent's indemnification obligations, as set forth in the Distribution Agreement, with respect to the litigation entitled AVID TECHNOLOGY, INC. V. DATA TRANSLATION, INC., Civil Action No. 95-11193 JLT, pending in the United States District Court for the District of Massachusetts.
Infringement of Third Party Intellectual Property Rights. (a) Each party hereto shall notify the other promptly of the receipt of notice of any action, suit or claim alleging infringement of any third party's intellectual property rights on the grounds of any activities by either party hereto involving the Product or the Trademark.
