Back-Up Rights. If the Responsible Party with respect to an Invention specific to the Field or any Joint Invention decides to abandon or not to pursue prosecution of any Patent Right which claims such Invention or Joint Invention, it shall permit the other party, at its option and expense, to undertake such obligations. The party not undertaking such actions shall fully cooperate with the other party and shall provide to the other party whatever assignments and other documents that may be needed in connection therewith.
Back-Up Rights. If the Responsible Party with respect to any Joint Invention decides to abandon or not to pursue prosecution of any Patent Rights, copyrights or other similar rights which claim a Joint Invention, it shall permit the other party, at its option and expense, to undertake such obligations. The party not undertaking such actions shall fully cooperate with the other party and shall provide to the other party whatever assignments and other documents that may be needed in connection therewith. If a party undertakes the obligations of a "Responsible Party" under this Section 4 with respect to any such Patent Right, copyright or other similar right which claims a Joint Invention under this Section 4.5(e), it shall prosecute and maintain the same vigorously at its own expense, and shall not abandon or compromise such rights or fail to exercise any rights of appeal without giving the other party the right to take over the prosecuting party's conduct, at such other party's own expense.
Back-Up Rights. Should GenQuest determine not to file, prosecute, maintain or issue a Corixa Research Patent, GenQuest Patent or Joint Patent or related application for any invention related to the Corixa Exclusive Field in any particular country or jurisdiction in the Territory, it shall immediately grant any and all authority necessary to allow Corixa to timely file, prosecute, maintain and issue such a patent application or maintain such a patent in the Territory, with [***] of the related Patent Costs offset against royalties otherwise payable to GenQuest pursuant to Section 6 of this Agreement with respect to such Patent.
Back-Up Rights. Should Geron determine not to file, prosecute, issue or maintain a Geron Patent or Joint Patent in the Field, it will timely grant any necessary authority it may legally grant to P&U to file, prosecute, issue or maintain such Patent in the name of Geron in the Field, all at the expense of P&U. P&U shall exercise reasonable judgment consistent with good pharmaceutical industry practices in determining whether to file, prosecute, issue or maintain any Patent, whether under Section 14.3 or this Section 14.8, and shall not willfully avoid the issuance of any patent to avoid the payment of royalties to Geron; provided, however, that in the event Geron believes that P&U has breached the foregoing covenant, the parties shall agree to submit the matter for resolution in accordance with Section 19.10.
Back-Up Rights. (a) Customer may only make copies of Eyefinity Product(s) for back up or archival purposes.
(b) All notices of proprietary rights, including trademark and copyright notices, must appear on all permitted back up or archival copies made by Customer.
Back-Up Rights of the KH Agreement is hereby amended to provide that should either Geron or Kyowa Hakko determine not to file, prosecute, maintain or issue a Geron Patent, Kyowa Hakko Patent, or Joint Patent, then the rights of the party not making such determination shall be subject to P&U's rights, as provided in the Three-Way Agreement.
Back-Up Rights. If GSK decides not to Prosecute, or not to continue Prosecuting, any GSK Patent, GSK shall provide Codexis with written notice of such decision at least forty-five (45) days prior to the date upon which the subject matter of such GSK Patent shall lapse or become abandoned. The basis for such decision shall be discussed by the Patent Committee pursuant to Section 5.2 and Codexis shall thereupon have the right (but not the obligation) to assume responsibility for Prosecution of such GSK Patent at Codexis’ expense, and with counsel of Codexis’ choosing, except (a) any GSK Patent covering any Licensed Product; and (b) any GSK Patent relating to any GSK Compound, any GSK Existing Pharmaceutical Product, any GSK Initial Enzyme, and/or any GSK Selected Enzyme. Effective upon the date Codexis assumes responsibility for Prosecution of such GSK Patent, and the costs and expenses relating thereto, GSK hereby assigns any and all interest held by GSK in, to and under such GSK Patent to Codexis.
Back-Up Rights. If Merck decides not to Prosecute, or not to continue Prosecuting, any Merck Patents, Merck shall provide Codexis with written notice of such decision at least forty-five (45) days prior to the date upon which the subject matter of such Merck Patent shall lapse or become abandoned. The basis for such decision shall be discussed by the Patent Committee pursuant to Section 6.5.1 and Codexis shall thereupon have the right (but not the obligation) to assume responsibility for Prosecution of such Merck Patent at Codexis’ expense, and with counsel of Codexis’ choosing. Effective upon the date Codexis assumes responsibility for Prosecution of such Merck Patent, and the costs and expenses relating thereto, Merck hereby assigns any and all interest held by Merck in, to, and under such Merck Patent to Codexis. [***] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. Execution Version
Back-Up Rights. If Merck decides not to Prosecute, or not to continue Prosecuting, any Merck Patents, Merck shall provide Codexis with written notice of such decision at least forty-five (45) days prior to the date upon which the subject matter of such Merck Patent shall lapse or become abandoned. The basis for such decision shall be discussed by the Patent Committee pursuant to Section 6.5.1 and Codexis shall thereupon have the right (but not the obligation) to assume responsibility for Prosecution of such Merck Patent at Codexis’ expense, and with counsel of Codexis’ choosing. Effective upon the date Codexis assumes responsibility for Prosecution of such Merck Patent, and the costs and expenses relating thereto, Merck hereby assigns any and all interest held by Merck in, to, and under such Merck Patent to Codexis.
Back-Up Rights. Should Geron determine not to enforce or defend a Geron Patent or Joint Patent in the Field, it will timely grant any necessary authority it may legally grant to BMG to enforce and defend such Patent in the name of Geron in the Field only, all at the expense of BMG. Should BMG determine not to enforce or defend a BMG Patent or Joint Patent in the Field, it will timely grant any necessary authority it may legally grant to Geron to enforce and defend such Patent in the name of Geron in the Field only, all at the expense of Geron.
