Abandonment of Applications Sample Clauses

Abandonment of Applications. In cases where Licensee has not exercised its option under Section 5.1(a) to control prosecution and maintenance of the applicable Patent Rights, if University determines to abandon a patent application listed in Schedule 1, it will give Licensee at least thirty (30) days advance, written notice of such determination, provided that such notice will be deemed given by reason of any related correspondence delivered to Licensee pursuant to this Section 5. Licensee may, by written notice to University, elect to continue the prosecution of the application at Licensee’s sole expense but in University’s name, and such patent application shall continue to be deemed a “Patent Rights” for all purposes of this Agreement.
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Abandonment of Applications. If Licensee determines to abandon any patent or patent application under the Patent Rights, it will give University thirty (30) days advance written notice of such determination. University may elect to continue the prosecution and maintenance of any such patent or patent application under the Patent Rights at University’s sole expense in University’s name, and such patent application and patents shall be removed from Patents Rights in accordance with Section 8.3 in writing with an amended Schedule 1. In such event, Licensee shall cooperate with and provide reasonable assistance to University in furtherance of such application(s) and/or patent(s). Under no circumstance will the abandonment of any patent applications, patents or Patent Rights under this Section 5.2 release Licensee’s obligation to pay any costs, fees, and royalties accrued, incurred or coming due (including without limitation any Annual Minimum payments) or to perform obligations remaining unpaid or unperformed otherwise due under the terms of this Agreement.
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Abandonment of Applications. If University determines to abandon any of the intellectual property listed in Schedule 1, it will give Licensee advance notice of such determination as is reasonably practicable, provided that such notice will be deemed given by reason of any related correspondence delivered to Licensee pursuant to this Article 5. Licensee may, by written notice to University, elect to continue the prosecution of the intellectual property at Licensee’s sole expense but in University’s name, and such intellectual property shall continue to be deemed part of the “Intellectual Property Rights” for all purposes of this Agreement.
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Abandonment of Applications. Licensee may abandon or otherwise cease to prosecute or maintain any patent application within the scope of Sections 4, 5 or 6. Prior to such abandonment, Licensee shall give notice of its intent to abandon to Inventor and Inventor may, at his cost and expense, assume control of and responsibility for the patent application in question and continue to prosecute and maintain such application. Any patent issuing from an application abandoned by Licensee shall not be deemed a Licensed Patent or included within the License. Licensee shall have no obligation or responsibility with respect to any such application abandoned by them.
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Abandonment of Applications. In the event that the filing party shall determine to abandon, or otherwise not to prosecute, any jointly owned patent application, or not to maintain, defend or renew any jointly owned patent, it shall notify the other party thereof, in writing, at the earliest practicable date, and such other party shall have the right, at its expense, to prosecute such application or to take up such maintenance or defense, or prosecute such renewal, as the case may be. The filing party agrees, at the other party's expense, to cooperate fully with the other party to assist the other party in obtaining, maintaining, defending and renewing such patent right hereunder. Thenceforth, the party exercising its right under this Section 9.5 shall be deemed "the filing party" for purposes of Sections 9.4 and 9.5.
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Abandonment of Applications. ImmunoGen will provide Licensee with notice in the event that [***] ImmunoGen decide to abandon a patent or patent application within the Licensed Patent Rights. In such event, Licensee may, by written notice to ImmunoGen, elect to continue the maintenance or prosecution of the patent or patent application at Licensee’s sole expense but in ImmunoGen’s name, and such patent or patent application will continue to be within the Licensed Patent Rights for all purposes of this Agreement.
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Abandonment of Applications. Licensee may abandon or otherwise cease to prosecute or maintain any patent application within the scope of Sections 2.3, 2.4, or 2.5. Prior to such abandonment, Licensee shall give notice of its intent to abandon to Inventors and Inventors may, at their cost and expense, assume control of and responsibility for the patent application in question and continue to prosecute and maintain such application. Any patent issuing from an application abandoned by Licensee shall not be deemed a Licensed Patent or included within the License, and Licensee shall have no right to market or sell products described in said patent applications. Licensee shall have no obligation or responsibility with respect to any such application abandoned by them.
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Related to Abandonment of Applications

  • Effect of Application To the extent that any provision of any Application related to any Letter of Credit is inconsistent with the provisions of this Article III, the provisions of this Article III shall apply.

  • Restoration of Rights on Abandonment of Proceedings In case the Trustee shall have proceeded to enforce any right under this Indenture and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely to the Trustee, then and in every such case the Issuer and the Trustee shall be restored respectively to their former positions and rights hereunder, and all rights, remedies and powers of the Issuer, the Trustee and the Securityholders shall continue as though no such proceedings had been taken.

  • Application to all Forms of Relief This Waiver and Release of Claims applies to any relief no matter how called, including, without limitation, wages, back pay, front pay, compensatory damages, liquidated damages, punitive damages for pain or suffering, costs and attorney’s fees and expenses.

  • Order of Application For the purpose of determining the amounts to be applied as Recoveries pursuant to subparagraph (A) above, the Assuming Institution shall apply amounts received on the Assets that are not otherwise applied to reduce the book value of principal of a Shared-Loss Loan (or, in the case of Other Real Estate, Additional ORE, and Capitalized Expenditures, that are not otherwise applied to reduce the book value thereof) in the following order: first to Charge-Offs and Failed Bank Charge-Offs/Write Downs; then to Reimbursable Expenses and Recovery Expenses; then to interest income; and then to other expenses incurred by the Assuming Institution.

  • General Application The rules set forth below in this Article IV shall apply for the purposes of determining each Member’s general allocable share of the items of income, gain, loss or expense of the Company comprising Net Income or Net Loss of the Company for each Fiscal Year, determining special allocations of other items of income, gain, loss and expense, and adjusting the balance of each Member’s Capital Account to reflect the aforementioned general and special allocations. For each Fiscal Year, the special allocations in Section 4.4 shall be made immediately prior to the general allocations of Section 4.3.

  • ABANDONMENT OF PREMISES If the property becomes vacant during the term of this lease, and if at the time of the vacancy Tenant are in default in the payment of any installment of rent, then the rent for the entire term shall become at once due and payable and Landlord may proceed to collect rent for said entire premises, with or without process of law, to take possession thereof, to remove any and all property there from and store as required by law, to lease the premises as agent of Tenant, and to apply the proceeds received from such letting toward the payment of Tenant' rent under this lease; such re-entry and re-letting shall not discharge Tenant from liability for rent, nor from any other obligation under the terms of this lease.

  • Possession and Use of Collateral Subject to the provisions of the Security Documents, the Issuer and the Guarantors shall have the right to remain in possession and retain exclusive control of and to exercise all rights with respect to the Collateral (other than monies or U.S. government obligations deposited pursuant to Article VIII, and other than as set forth in the Security Documents and this Indenture), to operate, manage, develop, lease, use, consume and enjoy the Collateral (other than monies and U.S. government obligations deposited pursuant to Article VIII and other than as set forth in the Security Documents and this Indenture), to alter or repair any Collateral so long as such alterations and repairs do not impair the creation or perfection of the Lien of the Security Documents thereon, and to collect, receive, use, invest and dispose of the reversions, remainders, interest, rents, lease payments, issues, profits, revenues, proceeds and other income thereof.

  • Application of Collateral The proceeds of any sale, or other realization (other than that received from a sale or other realization permitted by the Credit Agreement) upon all or any part of the Pledged Collateral pledged by the Pledgors shall be applied by the Administrative Agent as set forth in Section 7.06 of the Credit Agreement.

  • Variation of order of application The Agent may, with the authorisation of the Majority Lenders and the Swap Bank, by notice to the Borrowers, the Security Parties and the other Creditor Parties provide for a different manner of application from that set out in Clause 17.1 either as regards a specified sum or sums or as regards sums in a specified category or categories.

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