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

Authorizations Relating to Patent Term Extension. P&U hereby authorized LUNG RX (a) to include in any NDA for a Product, as LUNG RX may deem appropriate under the Act, a list of patents included within the Patent Rights that relate to such Product and such other information as LUNG RX in its reasonable discretion believe is appropriate to be filed pursuant to the Act; (b) notwithstanding the provisions of Article 10, to commence suit for any infringement of the Patent Rights under ss. 271(e)(2) of Title 35 of the United States Code occasioned by the submission by a Third Party of an Abbreviated New Drug Application ("ANDA") or a paper NDA for a Product pursuant to ss.sx. 001 or 103 of the Act; and (c) in consultation with P&U, to exercise any rights that may be exercisable by P&U as patent owner under the Act to apply for an extension of the term of any patent included within the Patent Rights, as LUNG RX in its discretion deems appropriate. In the event that applicable law in any other country of or community or associations of countries in the Territory hereafter provides for the extension of the term of any patent included in the Patent Rights in such country; upon request by LUNG RX, P&U shall obtain such extension or, in lieu thereof, authorize LUNG RX, or if requested by LUNG RX, its sublicensees to apply for such extension, in consultation with P&U. P&U agrees to cooperate with LUNG RX or its sublicensees, as applicable, in the exercise of the authorization granted herein or which may be granted pursuant to this Section 16.2 and will execute such documents and take such additional action as LUNG RX may reasonably request in connection therewith, including, if necessary, permitting itself to be joined as a proper party in any suit for infringement brought by LUNG RX under clause (b) above. Counsel shall be selected by LUNG RX. In the event, LUNG RX decides not to commence suit for infringement under clause (b) above, LUNG RX will notify P&U of its decision within thirty (30) days so that P&U may institute such litigation itself, if it wishes, at its own cost and expense.

Authorizations Relating to Patent Term Extension. P&U Rochester hereby authorized LUNG RX authorizes Vaccinex (ai) to include in any NDA for a Licensed Product, as LUNG RX Vaccinex may deem appropriate under the Act, a list of patents included within the Patent Rights that relate to such Licensed Product and such other information as LUNG RX Vaccinex in its reasonable discretion believe believes is appropriate to be filed pursuant to the Act; (bii) notwithstanding the provisions of Article 10Section 6.5, to commence suit for any infringement of the Patent Rights under ss. 271(e)(2§ 271(e) (2) of Title 35 of the United States Code occasioned by the submission by a Third Party third party of an Abbreviated New Drug Application ("ANDA") ANDA or a paper NDA for a Licensed Product pursuant to ss.sx. 001 §§ 101 or 103 of the Act; and (ciii) in consultation with P&URochester, to exercise any rights that may be exercisable by P&U Rochester as patent owner under the Act to apply for an extension of the term of any patent included within the Patent Rights, as LUNG RX Vaccinex in its discretion deems appropriate. In the event that applicable law in any other country of or community or associations of countries in the Territory world hereafter provides for the extension of the term of any patent included in the Patent Rights in such country; , upon request by LUNG RXVaccinex, P&U Rochester shall use its best efforts to obtain such extension or, in lieu thereof, shall authorize LUNG RXVaccinex or, or if requested by LUNG RXVaccinex, its sublicensees sublicensee to apply for such extension, in consultation with P&U. P&U Rochester. Rochester agrees to cooperate with LUNG RX Vaccinex or its sublicenseessublicensee, as applicable, in the exercise of the authorization granted herein or which may be granted pursuant to this Section 16.2 and will execute such documents and take such additional action as LUNG RX Vaccinex may reasonably request in connection therewith, including, if necessary, permitting itself to be joined as a proper party in any suit for infringement brought by LUNG RX Vaccinex under clause subsection (bii) above. Counsel Any damages awarded under any suit for infringement brought by Vaccinex under subsection (ii) above shall be selected by LUNG RXdivided among the Parties as set forth in Section 6.5. In the event, LUNG RX event Vaccinex decides not to commence suit for infringement under clause subsection (bii) above, LUNG RX Vaccinex will notify P&U Rochester of its decision within thirty (30) days [***] so that P&U Rochester may institute such litigation itself, if it wishes, at its own cost and expense.

Authorizations Relating to Patent Term Extension. P&U Cellegy hereby authorized LUNG RX authorizes GW: (a) to include in any NDA for a Licensed Product, as LUNG RX GW may deem appropriate under the Act, a list of patents included within the Patent Rights that relate to such Licensed Product and such other information as LUNG RX GW in its reasonable discretion believe believes is appropriate to be filed pursuant to the Act; ; (b) notwithstanding to commence suit according to the provisions of Article 10, to commence suit 9 for any infringement of the Patent Rights under ss. 271(e)(2) of Title 35 of the United States Code occasioned by the submission by a Third Party of an Abbreviated New Drug Application ("ANDA") ANDA or a paper Paper NDA for a Licensed Product pursuant to ss.sxxx.xx. 001 101 or 103 of the Act; and and (c) in consultation with P&UCellegy, to exercise any rights that may be exercisable by P&U Cellegy as patent owner under the Act to apply for an extension of the term of any patent included within the Patent Rights, as LUNG RX GW in its discretion deems appropriate. In the event that applicable law in any other country of of, or community or associations of countries in in, the Territory hereafter provides for the extension of the term of any patent included in the Patent Rights in such country; , upon request by LUNG RXGW, P&U Cellegy shall obtain such extension or, in lieu thereof, authorize LUNG RXGW or, or if requested by LUNG RXGW, its sublicensees Sublicensees to apply for such extension, in consultation with P&U. P&U Cellegy. Cellegy agrees to cooperate with LUNG RX GW or its sublicenseesSublicensees, as applicable, in the exercise of the authorization granted herein or which may be granted pursuant to this Section 16.2 Article 14.2 and will execute such documents and take such additional action as LUNG RX GW may reasonably request in connection therewith, including, if necessary, permitting itself to be joined as a proper party in any suit for infringement brought by LUNG RX GW under clause (b) above. Counsel Legal counsel shall be selected by LUNG RXGW. In the event, LUNG RX event GW decides not to commence suit for infringement under clause (b) above, LUNG RX GW will notify P&U Cellegy of its decision within thirty (30) days so that P&U Cellegy may institute such litigation itself, if it wishes, at its own cost and expense.