Common use of Challenge Actions Clause in Contracts

Challenge Actions. Repare shall have the first right, but not the obligation, to defend any Challenge Action with respect to the Repare Technology or Ono Technology, in the Repare Territory in each case, that covers the applicable Licensed Product which is the subject of such Challenge Action. Notwithstanding the foregoing, if Repare does not inform Ono that it intends to defend such a Challenge Action with respect to any Ono Technology within [***] of such Challenge Action being filed, then Ono will have the second right, but not the obligation, to defend such Challenge Action with respect to any Ono Technology.

Challenge Actions. Repare Ono shall have the first right, but not the obligation, to defend any Challenge Action with respect to the Repare Technology or Ono Technology, in the Repare Ono Territory in each case, that covers the applicable Licensed Product which is the subject of such Challenge Action. Notwithstanding the foregoing, if Repare Ono does not inform Ono Repare that it intends to defend such a Challenge Action with respect to any Ono Repare Technology within [***] of such Challenge Action being filed, then Ono Repare will have the second right, but not the obligation, to defend such Challenge Action with respect to any Ono Repare Technology.