Common use of Abandoned Patents Clause in Contracts

Abandoned Patents. Broncus shall promptly notify Asthmatx of any notice Broncus receives from Ntero with respect to “Abandoned Patents” (as that term is defined in Section 6 of the Ntero License Agreement). If Broncus declines to take any action to file for, prosecute or maintain any such Abandoned Patent, then, to the extent permitted by the Ntero License Agreement, if Asthmatx requests Broncus in writing to do so, Broncus shall, at Asthmatx’s sole cost and expense, take action to file for, prosecute and maintain such Abandoned Patent, but Broncus shall have no obligation to incur any cost, expense or liability in connection therewith and may cease any activity to file for, prosecute or maintain any Abandoned Patent if Asthmatx does not timely pay in full all costs (such as, without limitation, filing fees, attorneys’ fees and maintenance fees) associated therewith.

Abandoned Patents. Broncus shall promptly notify Asthmatx of any notice Broncus receives from Ntero with respect to “Abandoned Patents” (as that term is defined in Section 6 of the Ntero License Agreement). If Broncus declines to take any action to file for, prosecute or maintain any such Abandoned Patent, then, to the extent permitted by the Ntero License Agreement, if Asthmatx requests Broncus in writing to do so, Broncus shall, at Asthmatx’s sole cost and expense, take action to file for, prosecute and maintain such Abandoned Patent, but Broncus shall have no obligation to incur any cost, expense or liability in connection therewith and may cease any activity to file for, prosecute or maintain any Abandoned Patent if Asthmatx does not timely pay in full all costs (such as, without limitation, filing fees, attorneys’ fees and maintenance fees) associated therewith. **** Confidential portions of this exhibit have been omitted and confidential treatment has been requested for these omitted portions pursuant to an application for confidential treatment sent to the Securities and Exchange Commission.