Common use of Cessation of Prosecution or Maintenance Clause in Contracts

Cessation of Prosecution or Maintenance. Lexicon shall give prior written notice to Genentech of any decision by Lexicon to cease the prosecution (including any interference) and maintenance of Lexicon Knock-Out Technology specifically related to a Protein Candidate and, in such case, Genentech shall have the right at its sole discretion and expense to continue such prosecution (including any interference) or maintenance. If Genentech continues such prosecution or maintenance, Lexicon shall execute such documents and perform such acts as may be reasonably necessary for Genentech to continue such prosecution or maintenance.

Cessation of Prosecution or Maintenance. Lexicon Genentech shall give prior written notice to Genentech Lexicon of any decision by Lexicon Genentech to cease the prosecution (including any interference) and maintenance of Project Patents related to a specific Project or within Lexicon KnockPre-Out Technology specifically Existing Patents related to a Protein Candidate and, in such case, Genentech Lexicon shall have the right at its sole discretion and expense to continue such prosecution (including any interference) or maintenance. If Genentech Lexicon continues such prosecution or maintenance, Lexicon Genentech shall execute such documents and perform such acts as may be reasonably necessary for Genentech Lexicon to continue such prosecution or maintenance.