Other Enforcement Actions. As between the Parties, MSB or its designee shall have the sole right (but not the obligation) to initiate and control at its expense any enforcement action with respect to infringement of any Non-Product-Specific Patent in the Territory, to defend any declaratory judgment action with respect to any Non-Product-Specific Patent, and to defend any claim contesting the validity, ownership or enforceability (as applicable) of any Product Technology other than Product-Specific Patents in the Territory. In the event that (a) MSB or its designee fails to commence an enforcement action or defense pursuant to this Section 9.4.3 with respect to any such matters for the Field in the Territory (which actions or defense shall also be considered an Enforcement Action) within ninety (90) days of its receipt of Collaborator’s written request for initiation of such an action (or within such shorter period as may be necessary to initiate and maintain full enforcement rights under such an action), (b) there is a reasonable likelihood of success on the merits for such an action or defense; provided that in the event the Parties do not agree on whether there is a reasonable likelihood of success on the merits, such matter shall be referred to an independent patent attorney(s) mutually agreed by the Parties (which attorney shall have at least twenty five (25) years of biopharmaceutical patent litigation experience in the Territory) for resolution, (c) MSB is not enforcing any other Product Patent against such Third Party infringer in respect of infringement of such Product Patent in the Territory and for the Field, and (d) there is not a Product-Specific Patent that Collaborator could enforce against such Third Party infringer; then after consulting with MSB regarding Collaborator’s reasons for believing that failure to commence or defend such action may have a material adverse impact on any of the Collaborator Rights or the Collaborator’s exercise or enjoyment thereof and considering in good faith any concerns that MSB may have regarding commencement or defense of such action, Collaborator or its designee may commence an enforcement action or defense with respect to such infringement for the Field or defense of such Non-Product-Specific Patent, and shall have the sole right to control any such action at its own expense; provided that MSB, at its option, shall have the right at any time to participate in such action at its own expense. MSB agrees to join any such enforcement ac...
Other Enforcement Actions. Except as provided in Sections 6.3(b), as between the Parties, BH shall have the sole right to protect the BH Patent Rights from any actual or suspected infringement or misappropriation. In any legal action so brought by BH, RSVC shall join in such action as a party at BH’s request and expense in the event that an adverse party asserts, the court rules or other Laws provide, or BH determines in good faith, that a court would lack jurisdiction based on RSVC’s absence as a party in such suit; but control of such action shall remain with BH. At BH’s reasonable request and expense, RSVC shall provide reasonable assistance to BH in connection with such action. Any recoveries resulting from such an action shall be retained by BH.
Other Enforcement Actions. Xxxxxxx acknowledges that the outcome of any Action on account of any Third Party infringement, other than a Product Infringement, of any Xxxxxxx Program Patent or Development Program Patent licensed to Licensee under this Agreement may detrimentally impact the scope, validity, or enforceability of such Patent Right with respect to potential Product Infringements. Accordingly, during the License Term with respect to a Program, the Parties shall reasonably cooperate with each other with respect to any Action on account of any Third Party infringement of any Xxxxxxx Program Patent or Development Program Patent licensed to Licensee under this Agreement, other than Product Infringements. For clarity, Xxxxxxx will not be required to enforce any Xxxxxxx Program Patent against any Third Party infringement.
Other Enforcement Actions. TRACON acknowledges that the outcome of any Action on account of any Third Party infringement, other than a Product Infringement, of any TRACON Program Patent or Development Program Patent licensed to Xxxxxxx under this Agreement may detrimentally impact the scope, validity, or enforceability of such Patent Right with respect to potential Product Infringements. Accordingly, the Parties shall reasonably cooperate with each other with respect to any Action on account of any Third Party infringement of any Xxxxxxx Program Patent, TRACON Program Patent or Development Program Patent other than Product Infringements. For clarity, TRACON will not be required to enforce any TRACON Program Patent against any Third Party infringement.
Other Enforcement Actions. Arrowhead acknowledges that the outcome of any infringement suit or other enforcement Action on account of any Third-Party infringement, other than a Product Infringement, of any Arrowhead Patent Right licensed to Xxxxxxx under Section 2.1 may detrimentally impact the scope, validity, or enforceability of such Patent Right with respect to potential Product Infringements. Accordingly, the Parties shall reasonably cooperate with each other with respect to any infringement suit or other enforcement Action on account of any Third-Party infringement of any Arrowhead Patent Right other than the Product Infringements. For clarity, Arrowhead will not be required to enforce any Arrowhead Patent Right against any Third Party infringement other than a Product Infringement, provided that if Arrowhead declines to initiate an enforcement Action reasonably requested by Xxxxxxx to xxxxx any Third Party’s infringing activities (other than Product Infringement) within the scope of Xxxxxxx’x exclusive rights under any Arrowhead Patent Rights granted hereunder, then (to the extent permitted by any Pre-Existing Third Party Agreements concerning such Arrowhead Patent Rights, if applicable) upon Xxxxxxx’x request Arrowhead shall reasonably cooperate with Xxxxxxx so that Xxxxxxx may initiate at its own expense such an enforcement Action in the same manner described under Section 10.4.2 above (with respect to Product Infringements).
Other Enforcement Actions. As between the Parties, each Party will have the right, but not the obligation, to enforce the Joint Patent Rights against the unauthorized use, misappropriation or threatened infringement of the Joint Patent Rights by a Third Party that is actually or potentially exploiting a product that is or would be competitive with each Party’s other product(s) (each, an “Other Enforcement Action”), without the consent of the other Party.
Other Enforcement Actions. Geron acknowledges that the outcome of any infringement suit or other enforcement Action on account of any Third Party Infringement, other than a Product Infringement, of any Geron Product Patent Right or Development Program Patent Right licensed to Xxxxxxx under Section 2.1 may detrimentally impact the scope, validity, or enforceability of such Patent Right with respect to potential Product Infringements. Accordingly, [*] = Certain confidential information contained in this document, marked by brackets, is filed with the Securities and Exchange Commission pursuant to Rule 406 of the Securities Act of 1933, as amended. the Parties shall reasonably cooperate with each other with respect to any infringement suit or other enforcement Action on account of any Third Party infringement of any Geron Product Patent Right or Development Program Patent Right other than the Product Infringements. For clarity, Geron will not be required to enforce any Geron Product Patent Right against any Third Party infringement other than a Product Infringement, provided that if Geron declines to initiate an enforcement Action reasonably requested by Xxxxxxx to xxxxx any Third Party’s infringing activities (other than Product Infringement) within the scope of Xxxxxxx’x exclusive rights under any Geron Product Patent Rights or Development Program Patent Rights granted hereunder, then (to the extent permitted by any Existing Third Party Agreements concerning such Geron Product Patent Rights, if applicable) upon Xxxxxxx’x request Geron shall reasonably cooperate with Xxxxxxx so that Xxxxxxx may initiate at its own expense such an enforcement Action in the same manner described under Section 10.4.2 above (with respect to Product Infringements).
Other Enforcement Actions. As between the Parties [***].
Other Enforcement Actions. 1. Prior to accelerating the obligations under the Letters of Credit or the SCTSC Purchase Agreements, SCB or SCTSC, as applicable, must give 5 days' notice to the Term Lender Agent. Conversely, prior to accelerating the Term loans, the Term Lender Agent must give 5 days' notice to LC Agent. Provisions will be made for the recipient of any such notice to be able to accelerate at the same time as the giver of any such notice.
Other Enforcement Actions. Where the County incurred expenses abating a code violation, the County may assess a lien on the property on which the code violation existed. The County may collect on said lien in accordance with the County’s normal process for such.
