Common use of Challenging Validity Clause in Contracts

Challenging Validity. During the term of this Agreement, Company shall not challenge, and shall restrict Company Affiliates and Sublicensees from challenging, the validity of the Patent Rights and in the event of any breach of this provision Hospital shall have the right to terminate this Agreement and any license granted hereunder immediately. In addition, if the Patent Rights are upheld Company shall reimburse Hospital for its legal costs and expenses incurred in defending any such challenge.

Challenging Validity. During the term of this Agreement, Company shall not challenge, and shall restrict Company its Affiliates and Sublicensees from challenging, challenging the validity of the Patent Rights and and, in the event of any breach of this provision by Company, Hospital shall have the right to terminate this Agreement and any license granted hereunder immediately. In addition, if the Patent Rights are upheld upheld, Company shall reimburse Hospital and Harvard for its their legal costs and expenses incurred in defending any such challengechallenge by Company or its Affiliates or Sublicensees in any country in which Company and its Affiliates and Sublicensees retain a license to such Patent Rights under this Agreement.

Challenging Validity. During the term of this Agreement, Company shall not challenge, and shall restrict Company Affiliates and Sublicensees from challenging, challenging the validity of the Patent Rights and in the event of any breach of this provision by Company Hospital shall have the right to terminate this Agreement and any license granted hereunder immediately. In addition, if the Patent Rights are upheld Company shall reimburse Hospital for its legal costs and expenses incurred in defending any such challengechallenge by Company or its Affiliates in any country in which Company and its Affiliates retain a license to such Patent Rights under this Agreement.

Challenging Validity. During the term of this Agreement, Company shall not challenge, and shall restrict Company Affiliates and Sublicensees from challenging, the validity of the Patent Rights and in the event of any breach of this provision Hospital shall have the right to terminate this Agreement and any license granted hereunder immediately. In addition, if the Patent Rights are upheld Company shall reimburse Hospital for its legal costs and expenses incurred in defending any such challenge.. ***Text Omitted and Filed Separately Confidential Treatment Requested Under 17 C.F.R. §§ 200.80(B)(4) and 230.406

Challenging Validity. During the term of this Agreement, Company shall not challenge, and shall restrict Company Affiliates and Sublicensees from challenging, the validity of any Intellectual Property Rights, including, but not limited to the Patent Rights Rights, and in the event of any breach of this provision Hospital shall have the right to terminate this Agreement and any license granted hereunder immediately. In addition, if the Patent Intellectual Property Rights are upheld Company shall reimburse Hospital for its legal costs and expenses incurred in defending any such challenge.

Challenging Validity. During the term of this Agreement, Company shall not challenge, and shall restrict Company Affiliates and Sublicensees from challenging, the validity of the Patent Rights and in the event of any breach of this provision Hospital shall have the right to terminate this Agreement and any license granted hereunder immediately. In addition, if the Patent Rights are upheld Company shall reimburse Hospital for its legal costs and expenses incurred in defending any such challenge.

Challenging Validity. During the term of this Agreement, Company shall not challenge, and shall restrict Company Company’s Affiliates and Sublicensees from challenging, the validity of the Patent Rights and in the event of any breach of this provision Hospital shall have the right to terminate this Agreement and any license granted hereunder immediately. In addition, if the Patent Rights are upheld Company shall reimburse Hospital for its reasonable legal costs and expenses incurred in defending any such challenge.

Challenging Validity. During the term of this AgreementTerm, Company shall not challenge, and shall restrict Company its Affiliates and Sublicensees from challenging, the validity of the Patent Rights and and, in the event of any breach of this provision provision, Hospital shall have the right to terminate this Agreement and any license granted hereunder immediately. In addition, if the Patent Rights are upheld Company shall reimburse Hospital for its legal costs and expenses incurred in defending any such challenge.

Challenging Validity. During the term of this Agreement, Company shall not challenge, and shall restrict Company Affiliates and Sublicensees from challenging, the validity of the Patent Rights and in the event of any breach of this provision Hospital shall have the right to terminate this Agreement and any license granted hereunder immediately. In addition, if the Patent Rights are upheld challenged by the Company during the term of this Agreement and are found to be valid and enforceable, Company shall reimburse Hospital for its legal costs and expenses incurred in defending any such challenge.

Challenging Validity. During the term of this Agreement, Company shall not challenge, and shall restrict Company Affiliates and Sublicensees from challenging, the validity of the Patent Rights and in the event of any breach of this provision such challenge, Hospital shall have the right to terminate this Agreement and any license granted hereunder immediately, except that [***]. In addition, if the event that a Sublicensee challenges the validity of the Patent Rights are upheld Rights, Company shall reimburse Hospital for its legal costs and expenses incurred in defending any promptly terminate the sublicense to such challengeSublicensee.

Challenging Validity. During the term of this Agreement, Company shall not challenge, and shall restrict Company Affiliates and Sublicensees from challenging, the validity validity, enforceability or patentability of the Patent Rights and in the event of any breach of this provision Hospital shall have the right to terminate this Agreement and any license (and sublicense in the case of a challenge from a Sublicensee) granted hereunder immediately. In addition, if the Patent Rights are upheld Company shall reimburse Hospital for its legal costs and expenses incurred in defending any such challenge.

Challenging Validity. During the term of this Agreement, Company shall not challenge, and shall restrict Company its Affiliates and Sublicensees from challenging, challenging the validity of the Patent Rights and and, in the event of any breach of this provision by Company, Hospital shall have the right to terminate this Agreement and any license granted hereunder immediately. In addition, if the Patent Rights are upheld upheld, Company shall reimburse Hospital and Harvard for its their legal costs and expenses incurred in defending any such challenge.challenge by Company or its Affiliates or Sublicensees in any country in which Company and its Affiliates and Sublicensees retain a license to such Patent Rights under this Agreement. 10.6