Common use of By Lxxxx Clause in Contracts

By Lxxxx. If Lilly exercises its Option, Lxxxx shall, subject to Section 11.4(b)(viii), have the first right, but not the obligation, to defend and control the defense of any Defensive Telix Patent Action relating to Lxxxx’x rights to Companion Diagnostics under Section 3.4(b). If Lxxxx does not intend to exercise its first right to defend such a Defensive Telix Patent Action within the earlier of (i) [**] of receipt of notice of the applicable Telix Patent Challenge and (ii) [**] before the deadline for filing of a response to the notice of the applicable Telix Patent Challenge (including any extensions that Lxxxx has obtained), it shall, within [**], notify Telix in writing and Telix may, by written notice to Lxxxx, defend and control such Defensive Telix Patent Action with respect to the applicable Telix Patent Challenge (a Party who defends a Defensive Telix Patent Action under Section 11.4(b)(iv)(l) or this Section 11.4(b)(iv)(2), the “Telix Defending Party”).

By Lxxxx. If Lilly Lxxxx exercises its Option, Lxxxx shall, subject to Section 11.4(b)(viii), have the first right, but not the obligation, to defend and control the defense of any Defensive Telix Patent Action relating to Lxxxx’x rights to Companion Diagnostics under Section 3.4(b). If Lxxxx does not intend to exercise its first right to defend such a Defensive Telix Patent Action within the earlier of (i) [**] of receipt of notice of the applicable Telix Patent Challenge and (ii) [**] before the deadline for filing of a response to the notice of the applicable Telix Patent Challenge (including any extensions that Lxxxx has obtained), it shall, within [**], notify Telix in writing and Telix may, by written notice to Lxxxx, defend and control such Defensive Telix Patent Action with respect to the applicable Telix Patent Challenge (a Party who defends a Defensive Telix Patent Action under Section 11.4(b)(iv)(l) or this Section 11.4(b)(iv)(2), the “Telix Defending Party”).