ABATEMENT OF INFRINGEMENT. 9.1 Each party shall notify the other of any suspected infringement of any INTELLECTUAL PROPERTY RIGHTS covering the LICENSED VARIETY. During the term of this Agreement, CERES shall have right, but shall not be otherwise required, to bring suit to xxxxx such infringement.
ABATEMENT OF INFRINGEMENT. 9.1 Each Party shall notify the other of any suspected infringement of any INTELLECTUAL PROPERTY RIGHTS covering the LICENSED VARIETY. CERES will have the exclusive right, but no obligation, at its own discretion and expense, to take any action to enforce and to initiate and prosecute suits for infringement of the INTELLECTUAL PROPERTY RIGHTS. CERES and IGER will consult with each other upon a course of action and enforcement strategy. CERES will be responsible for the conduct of any such enforcement action, and IGER will reasonably cooperate with CERES to effect the enforcement action, and if appropriate, determine a settlement position. CERES shall be responsible for retaining counsel and shall promptly notify IGER following retention of counsel, and IGER agrees to be represented by such counsel as may be required for any enforcement action or settlement. For purposes of settlement, CERES shall be the contact with the parties’ counsel as well as the opposing party(ies) and shall have the right to enter into settlements. CERES shall keep IGER advised as to all developments with respect to the enforcement action and settlement discussions, which includes supplying to IGER copies of all papers received and filed in sufficient time for IGER to comment thereon. IGER may attend any and all meetings with the parties’ counsel and the opposing side for settlement purposes. IGER agrees to voluntarily join in any action brought by CERES as a party plaintiff/defendant, if necessary, at the expense of CERES. If necessary, IGER agrees to enter into a joint defense agreement.
ABATEMENT OF INFRINGEMENT. 8.1 Each party shall promptly inform the other party of any suspected infringement of any Licensed Patents. During the term of this Agreement, MCGRI and LICENSEE shall have the right to institute an action for infringement of the Licensed Patents against any such third party in accordance with the following and subject to the rights of any third parties granted licenses to practice the Licensed Patents by MCGRI:
ABATEMENT OF INFRINGEMENT. 7.1 NOBLE and UGARF shall each inform the other party of any suspected infringement of any plant variety rights covering the Licensed Variety. During the term of this Agreement, NOBLE/UGARF shall have right, but shall not be otherwise required, to bring suit to xxxxx such infringement.
ABATEMENT OF INFRINGEMENT. A. If at any time any Third Party shall infringe to a commercially substantial extent any patent licensed hereunder then Spectrum shall promptly inform EPRO of such infringement and EPRO shall, subject to Paragraph (C) of this Article, either (a) obtain a discontinuance of said infringing operations or (b) bring suit at its own expense against such infringer, bringing said suit in the name of EPRO and, if so required by the law of the forum, bringing suit in the name of Spectrum or joining Spectrum as a party plaintiff with EPRO. In such an event and until EPRO effectuates discontinuance of infringement, Spectrum’s applicable royalty rates shall be reduced to ***. Upon discontinuance of such infringement, Spectrum shall resume paying royalties at the rates indicated in Article V(A)(2). EPRO shall be entitled to receive and retain all recoveries from such infringement. Certain information on this page has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.
ABATEMENT OF INFRINGEMENT. 8.1 BUKWANG shall promptly inform LICENSOR of any suspected infringement of any Licensed Patents. During the term of this Agreement, LICENSOR and BUKWANG shall have the right to institute an action for infringement of the Licensed Patents against such third party in accordance with the following:
ABATEMENT OF INFRINGEMENT. 13.1 Each party shall notify the other of any suspected infringement of any INTELLECTUAL PROPERTY RIGHTS covering the optioned varieties of the group of NF/GA001, NF/GA002, NF/GA991, NF/GA992 and NF/GA993 and any LICENSED VARIETY therefrom. During the term of this Agreement, CERES and NOBLE shall have right, but shall not be otherwise required, to bring suit to xxxxx such infringement.
ABATEMENT OF INFRINGEMENT. Article 9.
ABATEMENT OF INFRINGEMENT. If IMGIS reasonably believes it necessary to do so to minimize its liability under Section 11.1 above, IMGIS may, at its expense, procure the right for AOL to continue using the Technology or any Work Product, replace the Technology or any Work Product with a functionally equivalent noninfringing item, or modify the Technology or any Work Product so that it is functionally equivalent but noninfringing.
ABATEMENT OF INFRINGEMENT. If ADFORCE reasonably believes it necessary to do so to minimize its liability under Section 11.1 above, ADFORCE may, at its expense, procure the right for NETSCAPE to continue using the Technology or any Work Product, replace the Technology or any Work Product with a functionally equivalent noninfringing item, or modify the Technology or any Work Product so that it is functionally equivalent but noninfringing.
