Appeal. In the event that a judgment in a Third Party Action is entered against either Party and an appeal is available, the Controlling Party shall have the first right, but not the obligation, to file such appeal. In the event the Controlling Party does not desire to file such an appeal, it will promptly, in a reasonable time period (i.e., with sufficient time for the non-Controlling Party to take whatever action may be necessary) before the date on which such right to appeal will lapse or otherwise diminish, permit the non-Controlling Party to pursue such appeal at such non-Controlling Party’s own cost and expense. If applicable Law requires the other Party’s involvement in an appeal, the other Party shall be a nominal party in the appeal and shall provide reasonable cooperation to such Party at such Party’s expense.
Appears in 5 contracts
Samples: License Agreement (Tg Therapeutics, Inc.), License Agreement (Checkpoint Therapeutics, Inc.), License Agreement (Checkpoint Therapeutics, Inc.)
Appeal. In the event that a judgment in a Third Party Action is entered against either the Controlling Party and an appeal is available, the Controlling Party shall have the first right, but not the obligation, to file such appeal. In the event the Controlling Party does not desire to file such an appeal, it will promptly, in a reasonable time period (i.e., with sufficient time for the non-Controlling Party to take whatever action may be necessary) before prior to the date on which such right to appeal will lapse or otherwise diminish, permit the non-Controlling Party to pursue such appeal at such non-Controlling Party’s own cost and expense. If applicable Law requires the other Party’s involvement in an appeal, the other Party shall be a nominal party in of the appeal and shall provide reasonable cooperation to such Party at such Party’s expense.
Appears in 4 contracts
Samples: Technology License and Collaboration Agreement (Aridis Pharmaceuticals, Inc.), License Agreement (BeiGene, Ltd.), License Agreement (BeiGene, Ltd.)
Appeal. In the event that a judgment in a Third Party Action is entered against either the Controlling Party and an appeal is available, the Controlling Party shall have the first right, but not the obligation, to file such appeal. In the event the Controlling Party does not desire to file such an appeal, it will promptly, in a reasonable time period (i.e., with sufficient time for the non-Controlling Party to take whatever action may be necessary) before prior to the date on which such right to appeal will lapse or otherwise diminish, permit the non-Controlling Party to pursue such appeal at such non-Controlling Party’s own cost and expense. If applicable Law requires the other Party’s involvement in an appeal, the other Party shall be a nominal party in of the appeal and shall provide reasonable cooperation to such Party at such Party’s expense.
Appears in 3 contracts
Samples: Development Agreement, License and Co Development Agreement (Threshold Pharmaceuticals Inc), License and Co Development Agreement (Threshold Pharmaceuticals Inc)
Appeal. In the event that a judgment in a Third Party Action is entered against either the Defending Party and an appeal is available, the Controlling Defending Party shall have the first right, but not the obligation, to file such appeal. In the event the Controlling Defending Party does not desire to file such an appeal, it will promptly, in within a reasonable time period (i.e., with sufficient time for the non-Controlling Defending Party to take whatever action may be necessary) before prior to the date on which such right to appeal will lapse or otherwise diminish, permit the non-Controlling Defending Party to pursue such appeal at such non-Controlling Defending Party’s own cost and expense. If applicable Law requires the other Party’s involvement in an appeal, the other Party shall be a nominal party in of the appeal and shall provide reasonable cooperation to such the appealing Party at such the appealing Party’s expense.
Appears in 3 contracts
Samples: Technology Transfer Agreement (Neothetics, Inc.), Technology Transfer Agreement (Regado Biosciences Inc), Technology Transfer Agreement (Regado Biosciences Inc)
Appeal. In the event that a judgment in a Third Party Action is entered against either any Party and an appeal is available, the Controlling Party shall have the first right, but not the obligation, to file such appeal. In the event the Controlling Party does not desire to file such an appeal, it will promptly, in a reasonable time period (i.e., with sufficient time for the non-Controlling Party to take whatever action may be necessary) before the date on which such right to appeal will lapse or otherwise diminish, permit the non-Controlling Party to pursue such appeal at such non-Controlling Party’s own cost and expense. If applicable Law requires the other Party’s involvement in an appeal, the other Party shall be a nominal party in the appeal and shall provide reasonable cooperation to such Party at such Party’s expense.
Appears in 2 contracts
Samples: License Agreement (Apricus Biosciences, Inc.), License Agreement (Apricus Biosciences, Inc.)
Appeal. In the event that a judgment in a Third Party Action is entered against either the Controlling Party and an appeal is available, the Controlling Party shall have the first right, but not the obligation, to file such appeal. In the event the Controlling Party does not desire to file such an appeal, it will promptly, in within a reasonable time period (i.e., with sufficient time for the non-Controlling Party to take whatever action may be necessary) before prior to the date on which such right to appeal will lapse or otherwise diminish, permit the non-Controlling Party to pursue such appeal at such non-Controlling Party’s own cost and expense. If applicable Law requires the other Party’s involvement in an appeal, the other Party shall be a nominal party in of the appeal and shall provide reasonable cooperation to such the appealing Party at such the appealing Party’s expense.
Appears in 2 contracts
Samples: Technology Transfer Agreement, Technology Transfer Agreement (Marinus Pharmaceuticals Inc)
Appeal. In the event that a judgment in a Third Party Action is entered against either Party and an appeal is available, the Controlling Party shall have the first right, but not the obligation, to file such appeal. In the event the Controlling Party does not desire to file such an appeal, it will promptly, in a reasonable time period (i.e., with sufficient time for the non-Controlling Party to take whatever action may be necessary) before the date on which such right to appeal will lapse or otherwise diminish, permit the non-Controlling Party to pursue such appeal at such non-Controlling Party’s own cost and expense[…***…]. If applicable Law requires the other Party’s involvement in an appeal, the other Party shall be a nominal party in of the appeal and shall provide reasonable cooperation to such Party at such Party’s expense[…***…].
Appears in 2 contracts
Samples: Master License Agreement (Viking Therapeutics, Inc.), Master License Agreement (Viking Therapeutics, Inc.)
Appeal. In the event that a judgment in a Third Party Action is entered against either the Controlling Party and an appeal is availablepossible, the Controlling Party shall have the first right, but not the obligation, to file such appeal. In the event the Controlling Party does not desire to file such an appeal, it will promptly, in a reasonable time period (i.e., with sufficient time for the non-Controlling Party to take whatever action may be necessary) before prior to the date on which such right to appeal will lapse or otherwise diminish, permit the non-Controlling Party to pursue such appeal at such non-Controlling Party’s own cost and expense. If applicable Applicable Law requires the other Party’s involvement in an appeal, the other Party shall be a nominal party in of the appeal and shall provide reasonable cooperation to such Party at such Party’s expense.
Appears in 1 contract
Samples: License and Development Agreement (CASI Pharmaceuticals, Inc.)
Appeal. In the event that a judgment in a Third Party Action is entered against either the Controlling Party and an appeal is available, the Controlling Party shall have the first right, but not the obligation, to file such appeal. In the event the Controlling Party does not desire to file such an appeal, it will shall promptly, in a reasonable time period (i.e., with sufficient time for the non-Controlling Party to take whatever action may be necessary) before prior to the date on which such right to appeal will shall lapse or otherwise diminish, permit the non-Controlling Party to pursue such appeal at such non-Controlling Party’s own cost and expense. If applicable Law requires the other Party’s involvement in an appeal, the other Party shall be a nominal party in of the appeal and shall provide reasonable cooperation to such Party at such Party’s expense.
Appears in 1 contract
Appeal. In the event that a judgment in a Third Party Action is entered against either the Controlling Party and an appeal is available, the Controlling Party shall have the first right, but not the obligation, to file such appeal. In the event the Controlling Party does not desire to file such an appeal, it will promptly, in a reasonable time period (i.e., with sufficient time for the non-Controlling Party to take whatever action may be necessary) before prior to the date on which such right to appeal will lapse or otherwise diminish, permit the non-Controlling Party to pursue such appeal at such non-Controlling Party’s own cost and expense. If applicable Applicable Law requires the other Party’s involvement in an appeal, the other Party shall be a nominal party in of the appeal and shall provide reasonable cooperation to such Party at such Party’s expense.
Appears in 1 contract
Samples: Exclusive License Agreement (Sutro Biopharma, Inc.)
Appeal. In the event that a judgment in a Third Third-Party Action is entered against either the Controlling Party and an appeal is available, the Controlling Party shall have the first right, but not the obligation, to file such appeal. In the event the Controlling Party does not desire to file such an appeal, it will promptly, in a reasonable time period (i.e., with sufficient time for the non-Controlling Party to take whatever action may be necessary) before prior to the date on which such right to appeal will lapse or otherwise diminish, permit the non-Controlling Party to pursue such appeal at such non-Controlling Party’s own cost and expense. If applicable Law Applicable Laws requires the other Party’s involvement in an appeal, the other Party shall be a nominal party in of the appeal and shall provide reasonable cooperation to such Party at such Party’s expense.
Appears in 1 contract
Appeal. In the event that a judgment in a Third Party Action is entered against either the Controlling Party and an appeal is available, the Controlling Party shall have the first right, but not the obligation, to file such appeal. In the event the Controlling Party does not desire to file such an appeal, it will promptly, in a reasonable time period (i.e., with sufficient time for the non-Controlling Party to take whatever action may be necessary) before prior to the date on which such right to appeal will lapse or otherwise diminish, permit the non-Controlling Party to pursue such appeal at such non-Controlling Party’s own cost and expense. If applicable Law requires Applicable Laws require the other Party’s involvement in an appeal, the other Party shall be a nominal party in of the appeal and shall provide reasonable cooperation to such Party at such Party’s expense.
Appears in 1 contract
Appeal. In the event that a judgment in a Third Party Action is entered against either the Controlling Party and an appeal is availablepossible, the Controlling Party shall have the first right, but not the obligation, to file such appeal. In the event the Controlling Party does not desire to file such an appeal, it will promptly, in a reasonable time period (i.e., with sufficient time for the non-Controlling Party to take whatever action may be necessary) before prior to the date on which such right to appeal will lapse or otherwise diminish, permit the non-Controlling Party to pursue such appeal at such non-Controlling Party’s own cost and expense. If applicable Applicable Law requires the other Party’s involvement in an appeal, the other Party shall be a nominal party in of the appeal and shall provide reasonable cooperation to such Party at such Party’s expense.
Appears in 1 contract
Samples: License and Development Agreement (CASI Pharmaceuticals, Inc.)
Appeal. In the event that a judgment in a Third Party Action is entered against either Party and an appeal is available, the Controlling Party shall have the first right, but not the obligation, to file such appeal. In the event the Controlling Party does not desire to file such an appeal, it will promptly, in a reasonable time period (i.e., with sufficient time for the non-Controlling Party to take whatever action may be necessary) before the date on which such right to appeal will lapse or otherwise diminish, permit the non-Controlling Party to pursue such appeal at such non-Controlling Party’s own cost and expense[***]. If applicable Law requires the other Party’s involvement in an appeal, the other Party shall be a nominal party in of the appeal and shall provide reasonable cooperation to such Party at such Party’s expense[***].
Appears in 1 contract
Samples: Master License Agreement (Ligand Pharmaceuticals Inc)
Appeal. In the event that a judgment in a Third Party Action is entered against either the Controlling Party and an appeal is available, the Controlling Party shall have the first right, but not the obligation, to file such appeal. In the event the Controlling Party does not desire to file such an appeal, it will promptly, in a reasonable time period (i.e., with sufficient time for the non-non- Controlling Party to take whatever action may be necessary) before prior to the date on which such right to appeal will lapse or otherwise diminish, permit the non-Controlling Party to pursue such appeal at such non-Controlling Party’s own cost and expense. If applicable Law requires the other Party’s involvement in an appeal, the other Party shall be a nominal party in of the appeal and shall provide reasonable cooperation to such Party at such Party’s expense.
Appears in 1 contract
Samples: Technology License and Collaboration Agreement (Aridis Pharmaceuticals, Inc.)
Appeal. In the event that a judgment in a Third Party Action is entered against either the Controlling Party and an appeal is available, the Controlling Party shall have the first right, but not the obligation, to file such appeal. In the event the Controlling Party does not desire to file such an appeal, it will promptly, in a reasonable time period (i.e., with sufficient time for the non-Controlling Party to take whatever action may be necessary) before prior to the date on which such right to appeal will lapse or otherwise diminish, permit the non-Controlling Party to pursue such appeal at such non-Controlling Party’s own cost and expense. If applicable Law law requires the other Party’s involvement in an appeal, the other Party shall be a nominal party in of the appeal and shall provide reasonable cooperation to such Party at such Party’s expense.
Appears in 1 contract
Appeal. In the event that a judgment in a Third Party Action is entered against either Party and an appeal is available, the Controlling Party shall have the first right, but not the obligation, to file such appeal. In the event the Controlling Party does not desire to file such an appeal, it will promptly, in a reasonable time period (i.e., with sufficient time for the non-Controlling Party to take whatever action may be necessary) before the date on which such right to appeal will lapse or otherwise diminish, permit the non-Controlling Party to pursue such appeal at such non-Controlling Party’s own cost and expense[***]. If applicable Law requires the other Party’s involvement in an appeal, the other Party shall be a nominal party in the appeal and shall provide reasonable cooperation to such Party at such Party’s expense[***].
Appears in 1 contract
Samples: Research and License Agreement (Ligand Pharmaceuticals Inc)
Appeal. In the event that a judgment in a Third Party Action is entered against either the Controlling Party and an appeal is available, the Controlling Party shall have the first right, but not the obligation, to file such appeal. In the event the Controlling Party does not desire to file such an appeal, it will promptly, in a reasonable time period (i.e., with sufficient time for the non-Controlling Party to take whatever action may be necessary) before prior to the date on which such right to appeal will lapse or otherwise diminish, permit the non-Controlling Party to pursue such appeal at such non-Controlling Party’s own cost and expense. If applicable Law requires the other Party’s involvement in an appeal, the other Party shall be a nominal party in Party of the appeal and shall provide reasonable cooperation to such Party at such Party’s expense.
Appears in 1 contract
Appeal. In the event that a judgment in a Third Party Action is entered against either the Controlling Party and an appeal is available, the Controlling Party shall have the first right, but not the obligation, to file such appeal. In the event the Controlling Party does not desire to file such an appeal, it will promptly, in a reasonable time period (i.e., with sufficient time for the non-non- Controlling Party to take whatever action may be necessary) before prior to the date on which such right to appeal will lapse or otherwise diminish, permit the non-Controlling Party to pursue such appeal at such non-Controlling Party’s own cost and expense. If applicable Law requires the other Party’s involvement in an appeal, the other Party shall be a nominal party in Party of the appeal and shall provide reasonable cooperation to such Party at such Party’s expense.
Appears in 1 contract
Samples: License Agreement
Appeal. In the event that a judgment in a Third Party Action is entered against either the Controlling Party and an appeal is available, the Controlling Party shall have the first right, but not the obligation, to file such appeal. In the event the Controlling Party does docs not desire to file such an appeal, it will shall promptly, in a reasonable time period (i.e., with sufficient time for the non-Controlling Party to take whatever action may be necessary) before prior to the date on which such right to appeal will shall lapse or otherwise diminish, permit the non-Controlling Party to pursue such appeal at such non-Controlling Party’s own cost and expense. If applicable Law requires the other Party’s involvement in an appeal, the other Party shall be a nominal party in of the appeal and shall provide reasonable cooperation to such Party at such Party’s expense.
Appears in 1 contract
Samples: License Agreement (Checkmate Pharmaceuticals, Inc.)
Appeal. In the event that a judgment in a Third Party Action is entered against either Party and an appeal is available, the Controlling Party shall have the first right, but not the obligation, to file such appeal. In the event the Controlling Party does not desire to file such an appeal, it will promptly, in a reasonable time period (i.e., i.e. with sufficient time for the non-Controlling Party to take whatever action may be necessary) before prior to the date on which such right to appeal will lapse or otherwise diminish, permit the non-Controlling Party to pursue such appeal at such non-Controlling Party’s own cost and expense. If applicable Law requires the other Party’s involvement in an appeal, the other Party shall be a nominal party in of the appeal and shall provide reasonable cooperation to such Party at such Party’s expense.
Appears in 1 contract