Common use of Right to seek relief Clause in Contracts

Right to seek relief. NeoSan will promptly notify Lilly of any infringement or suspected infringement which may come to its notice of any Licensed Technology or the Licensed Trademark and Trade Dress, and will provide Lilly with any information with respect thereto. Lilly will promptly notify NeoSan of any infringement or suspected infringement which may come to its notice of any intellectual property rights relating to the Product, including the Product Intellectual Property, Licensed Technology, or the Licensed Trademark and Trade Dress, and will provide NeoSan with any information with respect thereto. In the event of any past, present or future infringement by a Third Person of any intellectual property rights relating to Copyrights, Assigned Trade Dress (only as it relates to an infringement in the United States) or Assigned Trademarks, NeoSan will have the sole right (but no obligation) to pursue any and all injunctive relief, and any or all compensatory and other remedies and relief (collectively, "Remedies") against such Third Person. In the event of any infringement by a Third Person of any intellectual property rights relating solely to Assigned Trade Dress (as it relates to infringement outside the United States), Licensed Technology or Licensed Trademark and Trade Dress, Lilly will have the first right (but not the obligation) to pursue any and all Remedies against such Third Person. Should Lilly determine not to pursue Remedies with respect to any such intellectual property within thirty (30) days after notice from NeoSan requesting Lilly to do so, then NeoSan will have the right (but not the obligation) to pursue Remedies against such Third Person inside the United States. In the event of any infringement by a Third Person in the United States of any intellectual property related to the Product or NeoSan New Products other than that described in the preceding sentences, NeoSan will have the first right (but not the obligation) to pursue any and all Remedies against such Third Person. Should NeoSan determine not to pursue Remedies with respect to any such intellectual property within thirty (30) days after notice from Lilly requesting NeoSan to do so, then Lilly will have the right (but not the obligation) to pursue Remedies against such Third Person.

Right to seek relief. NeoSan will promptly notify Lilly The first Party becoming aware of any infringement or suspected infringement which may come to its notice of any with respect to the Product Licensed Technology, the Licensed Trademarks and Trade Dress, Product Intellectual Property, Product Licensed Patent, Product Licensed Technology or the Licensed Trademark Xxxxx New Product IP, will notify the other Party and Trade Dress, and will provide Lilly with any information with respect thereto. Lilly will promptly notify NeoSan of any infringement or suspected infringement which may come to its notice of any intellectual property rights relating to the Product, including the Product Intellectual Property, Licensed Technology, or the Licensed Trademark and Trade Dress, and will provide NeoSan other Party with any information with respect thereto. In the event of any past, present or future infringement by a Third Person of any intellectual property rights relating to Copyrights, Assigned Trade Dress (only as it relates to an infringement in the United States) Territory), Assigned Trademarks or Assigned Trademarksthe Xxxxx New Product IP in the Territory, NeoSan Xxxxx will have the sole right (but no not the obligation) to pursue any and all injunctive relief, and any or all compensatory and other remedies and relief (collectively, "Remedies") against such Third Person; provided, however, that Xxxxx then has standing to do so; provided further, however, that Galen's rights set forth in this sentence are subject to Indevus' right to pursue Remedies pursuant to the Indevus Agreement and MIT's right to pursue Remedies pursuant to the MIT License Agreement. In the event of any past, present or future infringement by a Third Person in the Territory of any intellectual property rights relating solely related to Assigned Trade Dress (as it relates to infringement the Product other than that described in the preceding sentences or of Xxxxx New Product IP outside of the United States), Licensed Technology or Licensed Trademark and Trade DressTerritory, Lilly or its designee will have the first right (but not the obligation) to pursue any and all Remedies against such Third Person. Should Lilly and its designee determine not to pursue Remedies with respect to any such intellectual property within thirty (30) days after notice from NeoSan Xxxxx requesting Lilly to do so, then NeoSan will have the right (but not the obligation) to pursue Remedies against such Third Person inside the United States. In the event of any infringement by a Third Person in the United States of any intellectual property related to the Product or NeoSan New Products other than that described in the preceding sentences, NeoSan will have the first right (but not the obligation) to pursue any and all Remedies against such Third Person. Should NeoSan determine not to pursue Remedies with respect to any such intellectual property within thirty (30) days after notice from Lilly requesting NeoSan to do so, then Lilly Xxxxx will have the right (but not the obligation) to pursue Remedies against such Third Person; provided, however, that if Xxxxx decides to pursue Remedies, then Xxxxx shall have the right to do so in Lilly's name; provided further, however, that Galen's rights set forth in this sentence are subject to Indevus' rights to pursue Remedies pursuant to the Indevus Agreement and MIT's rights to pursue Remedies pursuant to the MIT License Agreement. Notwithstanding anything in this Agreement to the contrary, Lilly and Xxxxx agree to be bound by the Legal Representation Agreement, with respect to the litigation described in Schedule 4.4 (the "Teva Litigation") and with respect to any other matter covered by such Legal Representation Agreement.