Common use of After GSK’s Termination of a Program Clause in Contracts

After GSK’s Termination of a Program. After GSK’s termination of Development and commercialization with respect to a Program containing Vectors or Products that are the subject of any Competitive Infringement of the TELETHON-HSR Patent Right or Joint Patent Rights, TELETHON-HSR shall have the primary right, but not the obligation, to institute, prosecute, and control any action or proceeding with respect thereto by counsel of its own choice. Notwithstanding the foregoing, to the extent that (a) such Competitive Infringement occurred prior to the termination of the applicable Program and (b) TELETHON-HSR fails to bring any such action or proceeding within a period of [***] after first being notified of such Competitive Infringement, then GSK shall have the right, but not the obligation, to bring and control any such action by counsel of its own choice at its own expense, and TELETHON-HSR shall have the right to be represented in any such action by counsel of its own choice at its own expense.

After GSK’s Termination of a Program. After GSK’s termination of Development and commercialization with respect to a Program containing Vectors or Products Compounds that are the subject of any Competitive Infringement of the TELETHON-HSR PROSENSA Patent Right or Joint Patent Rights, TELETHON-HSR PROSENSA shall have the primary right, but not the obligation, to institute, prosecute, and control any action or proceeding with respect thereto by counsel of its own choice. Notwithstanding the foregoingforgoing, to the extent that (a) such Competitive Infringement occurred prior to the termination of the applicable Program and (b) TELETHON-HSR PROSENSA fails to bring any such action or proceeding within a period of [***] * * * * * after first being notified of such Competitive Infringement, then GSK shall have the right, but not the obligation, to bring and control any such action by counsel of its own choice at its own expense, and TELETHON-HSR PROSENSA shall have the right to be represented in any such action by counsel of its own choice at its own expense.