Additional Rights and Exceptions Clause Samples
The "Additional Rights and Exceptions" clause defines any extra permissions or carve-outs that supplement or override the standard terms of an agreement. This clause may specify, for example, that certain uses of intellectual property are permitted beyond the main license, or that specific statutory rights (such as fair use or compulsory licenses) remain unaffected by the contract. Its core function is to clarify the boundaries of the parties' rights and obligations, ensuring that both sides understand any special allowances or legal exceptions that apply beyond the general terms.
Additional Rights and Exceptions. Notwithstanding any provision of this ARTICLE 7, but subject to Section 7.4.4, ▇▇▇▇ retains the sole right to Prosecute and Maintain Isis Core Technology Patents and Isis Manufacturing and Analytical Patents during the Agreement Term and to control any enforcement of Isis Core Technology Patents and Isis Manufacturing and Analytical Patents, and will take the lead on such enforcement solely to the extent that the scope or validity of any Patent Rights Controlled by ▇▇▇▇ and Covering the Isis Core Technology Patents or Isis Manufacturing and Analytical Patents is at risk.
Additional Rights and Exceptions. Other than as set forth in this ARTICLE 8, Akcea retains the sole right to (i) commence, control, prosecute and settle any Proceeding involving Volanesorsen, and (ii) Prosecute and Maintain (A) Akcea Special Product-Specific Patents, (B) Akcea Core Technology Patents, and (C) Akcea Manufacturing and Analytical Patents during the Agreement Term and to control any enforcement of Akcea Special Product-Specific Patents, Akcea Core Technology Patents and Akcea Manufacturing and Analytical Patents, and will take the lead on such enforcement solely to the extent that the scope or validity of any Patent Rights Controlled by Akcea and Covering Akcea Special Product-Specific Patents, the Akcea Core Technology Patents or Akcea Manufacturing and Analytical Patents is at risk.
Additional Rights and Exceptions. Other than as set forth in this Article 8 (Intellectual Property), Ionis retains the sole right to Prosecute and Maintain Ionis Core Technology Patents and Ionis Manufacturing and Analytical Patents during the Agreement Term and to control any enforcement of Ionis Core Technology Patents and Ionis Manufacturing and Analytical Patents, and will take the lead on such enforcement solely to the extent that the scope or validity of any Patent Rights Controlled by Ionis and Covering the Ionis Core Technology Patents or Ionis Manufacturing and Analytical Patents is at risk.
Additional Rights and Exceptions. Other than as expressly set forth in this ARTICLE 9, Akcea and Ionis retain the sole right to (i) Prosecute and Maintain (A) Akcea Core Technology Patent Rights and (B) Akcea Manufacturing Patent Rights during the Term, and (ii) control any enforcement of Akcea Core Technology Patent Rights and Akcea Manufacturing Patent Rights, and will take the lead on such enforcement solely to the extent that the scope or validity of any Patent Rights Controlled by Akcea and Covering the Akcea Core Technology Patent Rights or Akcea Manufacturing Patent Rights is at risk, provided that if under clause (ii) the enforcement of Akcea Core Technology Patent Rights and/or Akcea Manufacturing Patent Rights is believed in Pfizer’s opinion to potentially impact Net Sales and such an Akcea Core Technology Patent Right or Akcea Manufacturing Patent Right is the only Akcea Patent Right Covering the Product at the time of such enforcement proceeding, Pfizer has the second right, but no obligation, to enforce such patents, so long as Pfizer, in connection with any such enforcement proceeding, also [***]. Any damages or other monetary awards recovered with respect to a proceeding brought pursuant to Section 9.7(ii) that impacts Net Sales will be shared as follows:
(a) any recoveries will first be applied to reimburse each Party’s reasonable out-of-pocket costs and expenses incurred in connection therewith (which amounts will be allocated pro rata if insufficient to cover the totality of such costs and expenses); then
(b) any remaining recoveries will be allocated [***]. 165301880