Common use of Authorization Relating to Patent Term Extension Clause in Contracts

Authorization Relating to Patent Term Extension. Bukwang hereby authorizes Triangle and will use its best efforts to obtain the Primary Licensors’ authorization for Triangle (a) to include in any NDA for a Licensed Product, as Triangle may deem appropriate under the Act, a list of patents included among the Bukwang Patents that relate to such Licensed Product and such other information as Triangle in its reasonable discretion believes is appropriate to be filed pursuant to the Act; (b) to commence suit for any infringement of the Bukwang Patents under § 271(e) (2) of Title 35 of the United States Code occasioned by the submission by a third party of an IND or a paper NDA for a Licensed Product pursuant to §§101 or 103 of the Act; and (c) in consultation with Bukwang and the Primary Licensors, to exercise any rights that may be exercisable by Bukwang or the Primary Licensors, as applicable, as patent owners under the Act to apply for an extension of the term of any patent included among the Bukwang Patents. In the event that applicable law in any other country of the Territory hereafter provides for the extension of the term of any patent included among the Bukwang Patents in such country, upon request by Triangle, Bukwang shall authorize Triangle and shall use its best efforts to obtain the Primary Licensors’ authorization for Triangle or, if requested by Triangle, its sublicensees, to apply for such extension, in consultation with Bukwang and the Primary Licensors. Bukwang agrees to cooperate and shall use its best efforts to cause the Primary Licensors to cooperate with Triangle or its sublicensees, as applicable, in the exercise of the authorizations granted herein or which may be granted pursuant to this Section 18.2 and will execute such documents and take such additional action and use its best efforts to cause the Primary Licensors to execute such documents and to take such additional actions as Triangle may reasonably request in connection therewith, including, if necessary, permitting itself and using its best efforts to permit the Primary Licensors to permit themselves to be joined as proper parties in any suit for infringement brought by Triangle under subsection (b) above. Triangle shall bear the costs and expenses, including but not limited to attorneys’ fees, of any suit for infringement brought by Triangle under subsection (b) above.

Authorization Relating to Patent Term Extension. Bukwang hereby authorizes Triangle Pharmasset and will use its best diligent efforts to obtain the Primary Licensors’ authorization for Triangle Pharmasset (a) to include in any NDA for a Licensed Product, as Triangle Pharmasset may deem appropriate under the Act, a list of patents included among the Bukwang Patents that relate to such Licensed Product and such other information as Triangle Pharmasset in its reasonable discretion believes is appropriate to be filed pursuant to the Act; (b) to commence suit for any infringement of the Bukwang Patents under § 271(e271 (e) (2) of Title 35 of the United States Code occasioned by the submission by a third party of an IND or a paper NDA for a Licensed Product pursuant to §§101 or 103 of the Act; and (c) in consultation with Bukwang and the Primary Licensors, to exercise any rights that may be exercisable by Bukwang or the Primary Licensors, as applicable, as patent owners under the Act to apply for an extension of the term of any patent included among the Bukwang Patents. In the event that applicable law in any other country of the Territory hereafter provides for the extension of the term of any patent included among the Bukwang Patents in such country, upon request by TrianglePharmasset, Bukwang shall authorize Triangle Pharmasset and shall use its best diligent efforts to obtain the Primary Licensorslicensors’ authorization for Triangle Pharmasset or, if requested by Triangle, Pharmasset or its sublicensees, to apply for such extension, in consultation with Bukwang and the Primary Licensors. Bukwang agrees to cooperate and shall use its best diligent efforts to cause the Primary Licensors to cooperate with Triangle Pharmasset or its sublicensees, as applicable, in the exercise of the authorizations granted herein or which may be granted pursuant to this Section 18.2 and will execute such documents and take such additional action and use its best diligent efforts to cause the Primary Licensors to execute such documents and to take such additional actions as Triangle Pharmasset may reasonably request in connection therewith, including, if necessary, permitting itself and using its best diligent efforts to permit cause the Primary Licensors to permit themselves themselves, if required by law or if required in order to permit Pharmasset or its sublicensees to bring suit or take legal action, to be joined as proper parties in any suit for infringement brought by Triangle Pharmasset under subsection (b) above. Triangle Pharmasset shall bear the costs and expenses, including but not limited to attorneys’ fees, of any suit for infringement brought by Triangle Pharmasset under subsection (b) above.

Authorization Relating to Patent Term Extension. Bukwang The Filing Party of any Xxxxxxx X-Patent, Neurocrine X-Patent, or DPC X-Patent hereby authorizes Triangle and will use its best efforts the Party(ies) obligated to obtain the Primary Licensors’ authorization for Triangle pay royalties on Products covered by such Patent under Article IV above, to (a) to include provide in any NDA for a Licensed Product, as Triangle may deem appropriate under the Act, a list of patents included among which includes the Bukwang Filing Party Patents that relate to such Licensed Product and such other information as Triangle in its reasonable discretion the Party believes is appropriate to be filed pursuant to the Actappropriate; (b) to commence suit for any infringement of the Bukwang Patents under § ss. 271(e) (2) of Title 35 of the United States Code occasioned by the submission by a third party of an IND or a paper NDA for a Licensed Product pursuant to §§101 or 103 of the ActCode; and (c) in consultation with Bukwang and the Primary Licensors, to exercise any rights that may be exercisable by Bukwang or the Primary Licensors, Filing Party as applicable, as patent owners Patent owner under the Act to apply Act, including without limitation, applying for an extension of the term of any patent included among the Bukwang Patentslicensed to such Party hereunder. In the event that applicable law in any other country of the Territory hereafter provides for the extension of the term of any patent included among the Bukwang Patents Filing Party's Patents, such as under the U.S. Drug Price Competition and Patent Term Restoration Act of 1984, the Supplementary Certificate of Protection of the Member States of the European Union and other similar measures in such any other country, upon request by Triangle, Bukwang the Filing Party shall authorize Triangle apply for and shall use its best reasonable efforts to obtain the Primary Licensors’ authorization for Triangle such an extension or, if requested by Triangleshould the law require the Party(ies) obligated to pay royalties to so apply, its sublicensees, the Filing Party hereby gives permission to apply for such Party hereunder to do so. The Party(ies) obligated to pay royalties hereunder and the Filing Party agree to cooperate with one another in obtaining such extension, in consultation with Bukwang and the Primary Licensors. Bukwang The Filing Party agrees to cooperate and shall use its best efforts with the Party(ies) obligated to cause the Primary Licensors to cooperate with Triangle pay royalties or its sublicenseesSublicensee, as applicable, in the exercise of the authorizations authorization granted herein or which may be granted pursuant to this Section 18.2 and will execute such documents and take such additional action and use its best efforts to cause the Primary Licensors to execute as such documents and to take such additional actions as Triangle Party hereunder may reasonably request in connection therewith, including, if necessary, permitting itself and using its best efforts to permit the Primary Licensors to permit themselves to be joined as proper parties a Party in any suit for infringement brought by Triangle such Party licensed hereunder. DPC agrees that Xxxxxxx and Neurocrine will in all cases be considered as the Party obligated to pay royalties under subsection (b) above. Triangle shall bear the costs and expenses, including but not limited to attorneys’ fees, of this Paragraph for any suit Product for infringement brought by Triangle under subsection (b) aboveany DPC X-Patent.

Authorization Relating to Patent Term Extension. Bukwang Dynavax hereby authorizes Triangle and will use its best efforts to obtain the Primary Licensors’ Licensor's authorization for Triangle (a) to include in any NDA for a Licensed Product, as Triangle may deem appropriate under the Act, a list of patents included among the Bukwang Dynavax Patents that relate to such Licensed Product and such other information as Triangle in its reasonable discretion believes is appropriate to be filed pursuant to the Act; (b) to commence suit for any infringement of the Bukwang Dynavax Patents under § ss. 271(e) (2) of Title 35 of the United States Code occasioned by the submission by a third party of an IND or a paper NDA for a Licensed Product pursuant to §§101 ss.ss.101 or 103 of the Act; and (c) in consultation with Bukwang Dynavax and the Primary LicensorsLicensor, to exercise any rights that may be exercisable by Bukwang Dynavax or the Primary LicensorsLicensor, as applicable, as patent owners under the Act to apply for an extension of the term of any patent included among the Bukwang Dynavax Patents. In the event that applicable law in any other country of the Territory hereafter provides for the extension of the term of any patent included among the Bukwang Dynavax Patents in such country, upon request by Triangle, Bukwang Dynavax shall authorize Triangle and shall use its best efforts to obtain the Primary Licensors’ Licensor's authorization for Triangle or, if requested by Triangle, its sublicensees, to apply for such extension, in consultation with Bukwang Dynavax and the Primary LicensorsLicensor. Bukwang Dynavax agrees to cooperate and shall use its best efforts to cause the Primary Licensors Licensor to cooperate with Triangle or its sublicensees, as applicable, in the exercise of the authorizations granted herein or which may be granted pursuant to this Section 18.2 20.2 and will execute such documents and take such additional action and use its best efforts to cause the Primary Licensors Licensor to execute such documents and to take such additional actions as Triangle may reasonably request in connection therewith, including, if necessary, permitting itself and using its best efforts to permit the Primary Licensors Licensor to permit themselves to be joined as proper parties in any suit for infringement brought by Triangle under subsection (b) above. Triangle shall bear the costs and expenses, including but not limited to attorneys’ ' fees, of any suit for infringement brought by Triangle under subsection (b) above.

Authorization Relating to Patent Term Extension. Bukwang LICENSOR hereby authorizes Triangle and will use its best efforts to obtain the Primary Licensors’ authorization for Triangle COMPANY (a) to include in any NDA for a Licensed Product, as Triangle COMPANY may deem appropriate under the Act, a list of patents included among the Bukwang Licensed Patents that relate to such Licensed Product and such other information as Triangle COMPANY in its reasonable discretion believes is appropriate to be filed pursuant to the Act; (b) to commence suit for any infringement of the Bukwang Licensed pursuant to Sections 101 and 103 of the Act from persons Patents under § 271(e) (2) of Title 35 of the United States Code occasioned by Section the submission by a third party of an IND or a paper NDA for a Licensed Product 271(e) (2) of Title 35 of the United States Code occasioned by pursuant to §§101 (which consent will not be unreasonably withheld or 103 of the Act; and (c) in consultation with Bukwang and the Primary Licensorsdelayed), to exercise any rights that may be exercisable by Bukwang or the Primary Licensors, as applicable, LICENSOR as patent owners owner under the Act to apply for an extension of the term of any patent included among the Bukwang Licensed Patents. In the event that applicable law in any other country of the Licensed Territory hereafter provides for the extension of the term of any patent included among the Bukwang Licensed Patents in such country, upon request by TriangleCOMPANY, Bukwang shall authorize Triangle and LICENSOR shall use its best efforts to obtain the Primary Licensors’ authorization for Triangle such extension or, in lieu thereof, shall authorize COMPANY or, if requested by Triangle, COMPANY or its sublicensees, sublicensees to apply for such extension, in consultation with Bukwang and the Primary LicensorsLICENSOR. Bukwang LICENSOR agrees to cooperate and shall use its best efforts to cause the Primary Licensors to cooperate with Triangle COMPANY or its sublicensees, as applicable, in the exercise of the authorizations authorization granted herein or which may be granted pursuant to this Section 18.2 15.2 and will execute such documents and take such additional action and use its best efforts to cause the Primary Licensors to execute such documents and to take such additional actions as Triangle COMPANY may reasonably request in connection therewith, including, if necessary, permitting itself and using its best efforts to permit the Primary Licensors to permit themselves to be joined as a proper parties party in any suit for infringement brought by Triangle COMPANY under subsection (b) above. Triangle The provisions of Article 8 shall bear the costs and expenses, including but not limited apply to attorneys’ fees, of any suit for infringement brought by Triangle COMPANY under subsection (b) above. In the event COMPANY decides not to commence suit for infringement under subsection (b) above, COMPANY will notify LICENSOR of its decision within thirty (30) days so that LICENSOR may institute such litigation itself, if it wishes, at its own cost and expense.

Authorization Relating to Patent Term Extension. Bukwang LICENSOR hereby authorizes Triangle and will use its best efforts to obtain the Primary Licensors’ authorization for Triangle COMPANY (a) to include in any NDA for a Licensed Product, as Triangle COMPANY may deem appropriate under the Act, a list of patents included among the Bukwang Licensed Patents that relate to such Licensed Product and such other information as Triangle COMPANY in its reasonable discretion believes is appropriate to be filed pursuant to the Act; (b) to commence suit for any infringement of the Bukwang Licensed pursuant to Sections 101 and 103 of the Act from persons * Confidential Treatment Requested 29 Patents under § 271(e) (2) of Title 35 of the United States Code occasioned by Section the submission by a third party of an IND or a paper NDA for a Licensed Product 271(e) (2) of Title 35 of the United States Code occasioned by pursuant to §§101 (which consent will not be unreasonably withheld or 103 of the Act; and (c) in consultation with Bukwang and the Primary Licensorsdelayed), to exercise any rights that may be exercisable by Bukwang or the Primary Licensors, as applicable, LICENSOR as patent owners owner under the Act to apply for an extension of the term of any patent included among the Bukwang Licensed Patents. In the event that applicable law in any other country of the Licensed Territory hereafter provides for the extension of the term of any patent included among the Bukwang Licensed Patents in such country, upon request by TriangleCOMPANY, Bukwang shall authorize Triangle and LICENSOR shall use its best efforts to obtain the Primary Licensors’ authorization for Triangle such extension or, in lieu thereof, shall authorize COMPANY or, if requested by Triangle, COMPANY or its sublicensees, sublicensees to apply for such extension, in consultation with Bukwang and the Primary LicensorsLICENSOR. Bukwang LICENSOR agrees to cooperate and shall use its best efforts to cause the Primary Licensors to cooperate with Triangle COMPANY or its sublicensees, as applicable, in the exercise of the authorizations authorization granted herein or which may be granted pursuant to this Section 18.2 15.2 and will execute such documents and take such additional action and use its best efforts to cause the Primary Licensors to execute such documents and to take such additional actions as Triangle COMPANY may reasonably request in connection therewith, including, if necessary, permitting itself and using its best efforts to permit the Primary Licensors to permit themselves to be joined as a proper parties party in any suit for infringement brought by Triangle COMPANY under subsection (b) above. Triangle The provisions of Article 8 shall bear the costs and expenses, including but not limited apply to attorneys’ fees, of any suit for infringement brought by Triangle COMPANY under subsection (b) above. In the event COMPANY decides not to commence suit for infringement under subsection (b) above, COMPANY will notify LICENSOR of its decision within thirty (30) days so that LICENSOR may institute such litigation itself, if it wishes, at its own cost and expense.

Authorization Relating to Patent Term Extension. Bukwang SHIRE and its Affiliates hereby authorizes Triangle and will use its best efforts to obtain the Primary Licensors’ authorization for Triangle authorize UNIVERSITY or TRIANGLE: (a) to include in any NDA for a Licensed Product, as Triangle UNIVERSITY or TRIANGLE may deem appropriate under the Act, a list of patents included among the Bukwang SHIRE Patents that relate to such Licensed Product and such other information as Triangle UNIVERSITY or TRIANGLE, in its or their reasonable discretion discretion, believes is appropriate to be filed pursuant to the Act; and (b) subject to commence suit for any infringement of the Bukwang Patents under § 271(e) SHIRE's consent (2) of Title 35 of the United States Code occasioned by the submission by a third party of an IND which consent will not be unreasonably withheld or a paper NDA for a Licensed Product pursuant to §§101 or 103 of the Act; and (c) in consultation with Bukwang and the Primary Licensorsdelayed), to exercise any rights that may be exercisable by Bukwang SHIRE or the Primary Licensors, as applicable, its relevant Affiliate as patent owners owner under the Act to apply for an extension of the term of any patent included among the Bukwang SHIRE Patents; PROVIDED, THAT, UNIVERSITY or TRIANGLE shall use its reasonable efforts to obtain an extension of the term of any patent included in the SHIRE Patents if such extension is available. In the event that applicable law in any other country of the Licensed Territory hereafter provides for the extension of the term of any patent included among the Bukwang SHIRE Patents in such country, upon request by TriangleUNIVERSITY or TRIANGLE, Bukwang shall authorize Triangle and SHIRE or its relevant Affiliate shall use its best reasonable efforts to obtain the Primary Licensors’ authorization for Triangle such extension or, if requested by Trianglein lieu thereof, its sublicensees, shall authorize UNIVERSITY or TRIANGLE to apply for such extension, extensions in consultation with Bukwang SHIRE; PROVIDED, THAT, UNIVERSITY or TRIANGLE shall exercise its reasonable efforts to obtain any such extension in such country upon receipt of authorization from SHIRE or its relevant Affiliate in accordance with this SECTION 14.2. SHIRE and the Primary Licensors. Bukwang agrees its Affiliates agree to cooperate and shall use its best efforts to cause the Primary Licensors to cooperate with Triangle or its sublicensees, as applicable, in the exercise of the authorizations authorization granted herein or which may be granted pursuant to this Section 18.2 SECTION 14.2 and will execute such documents and take such additional action and use its best efforts to cause the Primary Licensors to execute such documents and to take such additional actions as Triangle UNIVERSITY or TRIANGLE may reasonably request in connection therewith, including, if necessary, permitting itself and using its best efforts to permit the Primary Licensors to permit themselves to be joined as proper parties in any suit for infringement brought by Triangle under subsection (b) above. Triangle shall bear the costs and expenses, including but not limited to attorneys’ fees, of any suit for infringement brought by Triangle under subsection (b) above.

Authorization Relating to Patent Term Extension. Bukwang hereby authorizes Triangle and will use its best efforts to obtain the Primary Licensors’ ' authorization for Triangle (a) to include in any NDA for a Licensed Product, as Triangle may deem appropriate under the Act, a list of patents included among the Bukwang Patents that relate to such Licensed Product and such other information as Triangle in its reasonable discretion believes is appropriate to be filed pursuant to the Act; (b) to *** Portions of this page have been omitted pursuant to a request for Confidential Treatment and filed separately with the Commission. 50 commence suit for any infringement of the Bukwang Patents under § ss. 271(e) (2) of Title 35 of the United States Code occasioned by the submission by a third party of an IND or a paper NDA for a Licensed Product pursuant to §§101 ss.ss.101 or 103 of the Act; and (c) in consultation with Bukwang and the Primary Licensors, to exercise any rights that may be exercisable by Bukwang or the Primary Licensors, as applicable, as patent owners under the Act to apply for an extension of the term of any patent included among the Bukwang Patents. In the event that applicable law in any other country of the Territory hereafter provides for the extension of the term of any patent included among the Bukwang Patents in such country, upon request by Triangle, Bukwang shall authorize Triangle and shall use its best efforts to obtain the Primary Licensors’ ' authorization for Triangle or, if requested by Triangle, its sublicensees, to apply for such extension, in consultation with Bukwang and the Primary Licensors. Bukwang agrees to cooperate and shall use its best efforts to cause the Primary Licensors to cooperate with Triangle or its sublicensees, as applicable, in the exercise of the authorizations granted herein or which may be granted pursuant to this Section 18.2 and will execute such documents and take such additional action and use its best efforts to cause the Primary Licensors to execute such documents and to take such additional actions as Triangle may reasonably request in connection therewith, including, if necessary, permitting itself and using its best efforts to permit the Primary Licensors to permit themselves to be joined as proper parties in any suit for infringement brought by Triangle under subsection (b) above. Triangle shall bear the costs and expenses, including but not limited to attorneys’ ' fees, of any suit for infringement brought by Triangle under subsection (b) above.

Authorization Relating to Patent Term Extension. Bukwang Mitsubishi hereby authorizes Triangle and will use its best efforts to obtain the Primary Licensors’ authorization for Triangle (a) to include in any NDA for a Licensed Product, as Triangle may deem appropriate under the Act, a list of patents included among the Bukwang Mitsubishi Patents that relate to such Licensed Product and such other information as Triangle in its reasonable discretion believes is appropriate to be filed pursuant to the Act; (b) to commence suit for any infringement of the Bukwang *** Portions of this page have been omitted pursuant to a request for Confidential Treatment and filed separately with the Commission. Mitsubishi Patents under § Section 271(e) (2) of Title 35 of the United States Code occasioned by the submission by a third party of an IND or a paper NDA for a Licensed Product pursuant to §§Sections 101 or 103 of the Act; and (c) in consultation with Bukwang and the Primary Licensorssubject to Mitsubishi's consent (which consent will not be unreasonably withheld or delayed), to exercise any rights that may be exercisable by Bukwang or the Primary Licensors, as applicable, Mitsubishi as patent owners owner under the Act to apply for an extension of the term of any patent included among the Bukwang Mitsubishi Patents. In the event that applicable law in any other country of the Territory hereafter provides for the extension of the term of any patent included among the Bukwang Mitsubishi Patents in such country, upon request by Triangle, Bukwang shall authorize Triangle and Mitsubishi shall use its best efforts to obtain the Primary Licensors’ authorization for such extension or, in lieu thereof, shall authorize Triangle or, if requested by Triangle, Triangle or its sublicensees, sublicensees to apply for such extension, in consultation with Bukwang and the Primary LicensorsMitsubishi. Bukwang Mitsubishi agrees to cooperate and shall use its best efforts to cause the Primary Licensors to cooperate with Triangle or its sublicensees, as applicable, in the exercise of the authorizations authorization granted herein or which may be granted pursuant to this Section 18.2 15.2 and will execute such documents and take such additional action and use its best efforts to cause the Primary Licensors to execute such documents and to take such additional actions as Triangle may reasonably request in connection therewith, including, if necessary, permitting itself and using its best efforts to permit the Primary Licensors to permit themselves to be joined as a proper parties party in any suit for infringement brought by Triangle under subsection (b) above. Triangle and Mitsubishi shall bear share equally the costs and expenses, including but not limited to attorneys’ fees, ' fees of any suit for infringement brought by Triangle under subsection (b) above.

Authorization Relating to Patent Term Extension. Bukwang LICENSORS hereby authorizes Triangle and will use its best efforts to obtain the Primary Licensors’ authorization for Triangle authorize COMPANY (a) to include in any NDA for a Licensed Product, as Triangle COMPANY may deem appropriate under the Act, a list of patents included among the Bukwang Licensed Patents that relate to such Licensed Product and such other information as Triangle COMPANY, in its reasonable discretion discretion, believes is appropriate to be filed pursuant to the Act; (b) to commence suit for any infringement of the Bukwang Licensed Patents under § Section 271(e) (2) of Title 35 of the United States Code occasioned by the submission by a third party of an IND or a paper NDA for a Licensed Product pursuant to §§Sections 101 or 103 of the Act; and (c) in consultation with Bukwang and the Primary Licensorssubject to LICENSORS' consent (which consent will not be unreasonably withheld or delayed), to exercise any rights that may be exercisable by Bukwang or the Primary Licensors, as applicable, LICENSORS as patent owners under the Act to apply for an extension of the term of any patent included among the Bukwang Licensed Patents. In the event that applicable law in any other country of the Licensed Territory hereafter provides for the extension of the term of any patent included among the Bukwang Licensed Patents in such country, upon request by TriangleCOMPANY, Bukwang shall authorize Triangle and LICENSORS shall use its their best efforts to obtain the Primary Licensors’ authorization for Triangle such extension or, in lieu thereof, shall authorize COMPANY or, if requested by Triangle, COMPANY or its sublicensees, sublicensees to apply for such extension, in consultation with Bukwang and the Primary LicensorsLICENSORS. Bukwang agrees to cooperate and shall use its best efforts to cause the Primary Licensors LICENSORS agree to cooperate with Triangle COMPANY or its sublicensees, as applicable, in the exercise of the authorizations authorization granted herein or which may be granted DAPD pursuant to this Section 18.2 15.2 and will execute such documents and take such additional action and use its best efforts to cause the Primary Licensors to execute such documents and to take such additional actions as Triangle COMPANY may reasonably request in connection therewith, including, if necessary, permitting itself and using its best efforts to permit the Primary Licensors to permit themselves to be joined as proper parties in any suit for infringement brought by Triangle COMPANY under subsection (b) above. Triangle The provisions of Article 8 shall bear the costs and expenses, including but not limited apply to attorneys’ fees, of any suit for infringement brought by Triangle COMPANY under subsection (b) above. In the event COMPANY decides not to commence suit for infringement under subsection (b) above, COMPANY will notify LICENSORS of its decision within thirty (30) days so that LICENSORS may institute such litigation themselves, if they wish, at their own cost and expense.

Authorization Relating to Patent Term Extension. Bukwang Dynavax hereby authorizes Triangle and will use its best efforts to obtain the Primary Licensors’ Licensor's authorization for Triangle (a) to include in any NDA for a Licensed Product, as Triangle may deem appropriate under the Act, a list of patents included among the Bukwang Dynavax Patents that relate to such Licensed Product and such other information as Triangle in its reasonable discretion believes is appropriate to be filed pursuant to the Act; (b) to commence suit for any infringement of the Bukwang Dynavax Patents under § Section 271(e) (2) of Title 35 of the United States Code occasioned by the submission by a third party of an IND or a paper NDA for a Licensed Product pursuant to §§Sections 101 or 103 of the Act; and (c) in consultation with Bukwang Dynavax and the Primary LicensorsLicensor, to exercise any rights that may be exercisable by Bukwang Dynavax or the Primary LicensorsLicensor, as applicable, as patent owners under the Act to apply for an extension of the term of any patent included among the Bukwang Dynavax Patents. In the event that applicable law in any other country of the Territory hereafter provides for the extension of the term of any patent included among the Bukwang Dynavax Patents in such country, upon request by Triangle, Bukwang Dynavax shall authorize Triangle and shall use its best efforts to obtain the Primary Licensors’ Licensor's authorization for Triangle or, if requested by Triangle, its sublicensees, to apply for such extension, in consultation with Bukwang Dynavax and the Primary LicensorsLicensor. Bukwang Dynavax agrees to cooperate and shall use its best efforts to cause the Primary Licensors Licensor to cooperate with Triangle or its sublicensees, as applicable, in the exercise of the authorizations granted herein or which may be granted pursuant to this Section 18.2 19.2 and will execute such documents and take such additional action and use its best efforts to cause the Primary Licensors Licensor to execute such documents and to take such additional actions as Triangle may reasonably request in connection therewith, including, if necessary, permitting itself and using its best efforts to permit the Primary Licensors Licensor to permit themselves to be joined as proper parties in any suit for infringement brought by Triangle under subsection (b) above. Triangle shall bear the costs and expenses, including but not limited to attorneys’ ' fees, of any suit for infringement brought by Triangle under subsection (b) above.

Authorization Relating to Patent Term Extension. Bukwang LICENSORS hereby authorizes Triangle and will use its best efforts to obtain the Primary Licensors’ authorization for Triangle authorize COMPANY (a) to include in any NDA for a Licensed Product, as Triangle COMPANY may deem appropriate under the Act, a list of patents included among the Bukwang Licensed Patents that relate to such Licensed Product and such other information as Triangle COMPANY, in its reasonable discretion discretion, believes is appropriate to be filed pursuant to the Act; (b) to commence suit for any infringement of the Bukwang Licensed Patents under § Section 271(e) (2) of Title 35 of the United States Code occasioned by the submission by a third party of an IND or a paper NDA for a Licensed Product pursuant to §§Sections 101 or 103 of the Act; and (c) in consultation with Bukwang and the Primary Licensorssubject to LICENSORS' consent (which consent will not be unreasonably withheld or delayed), to exercise any rights that may be exercisable by Bukwang or the Primary Licensors, as applicable, LICENSORS as patent owners under the Act to apply for an extension of the term of any patent included among the Bukwang Licensed Patents. In the event that applicable law in any other country of the Licensed Territory hereafter provides for the extension of the term of any patent included among the Bukwang Licensed Patents in such country, upon request by TriangleCOMPANY, Bukwang shall authorize Triangle and LICENSORS shall use its their best efforts to obtain the Primary Licensors’ authorization for Triangle such extension or, in lieu thereof, shall authorize COMPANY or, if requested by Triangle, COMPANY or its sublicensees, sublicensees to apply for such extension, in consultation with Bukwang and the Primary LicensorsLICENSORS. Bukwang agrees to cooperate and shall use its best efforts to cause the Primary Licensors LICENSORS agree to cooperate with Triangle COMPANY or its sublicensees, as applicable, in the exercise of the authorizations authorization granted herein or which may be granted pursuant to this Section 18.2 15.2 and will execute such documents and take such additional action and use its best efforts to cause the Primary Licensors to execute such documents and to take such additional actions as Triangle COMPANY may reasonably request in connection therewith, including, if necessary, permitting itself and using its best efforts to permit the Primary Licensors to permit themselves to be joined as proper parties in any suit for infringement brought by Triangle COMPANY under subsection (b) above. Triangle The provisions of Article 8 shall bear the costs and expenses, including but not limited apply to attorneys’ fees, of any suit for infringement brought by Triangle COMPANY under subsection (b) above. In the event COMPANY decides not to commence suit for infringement under subsection (b) above, COMPANY will notify LICENSORS of its decision within thirty (30) days so that LICENSORS may institute such litigation themselves, if they wish, at their own cost and expense.