Common use of Charges by other Party Clause in Contracts

Charges by other Party. If (i) either Party, or its Affiliates, make or file a claim against the other Party for a breach of Intellectual Property Rights that are subject to or arise in connection with this Agreement, or (ii) a Party, or its Affiliates, support a third party in making a claim for breach of Intellectual Property Rights, the other Party may terminate this Agreement with immediate effect. Upon effectiveness of the termination under this Item the Parties lose the right to use the Intellectual Property Rights of the other Party as well as the Working Results of the other Party. The terminating Party has to return to the other Party all information, such as but not limited to documents, data, specimen etc. referring to the said Intellectual Property Rights and for those Working Results which are the sole property of the other Party, as far and if the terminating Party has received any of these from the other Party. The Joint Working Results shall be dealt with according to Item B.7.3 below.

Appears in 2 contracts

Samples: Global Alliance Agreement (Myriant Corp), Global Alliance Agreement (Myriant Corp)

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Charges by other Party. If (i) either Party, or its Affiliates, make or file a claim against the other Party for a breach of Intellectual Property Rights that are subject to or arise in connection with this Agreement, or (ii) a Party, or its Affiliates, support a third party in making a claim for breach of Intellectual Property Rights, the other Party may terminate this Agreement with immediate effect. Upon effectiveness of the termination under this Item the Parties lose the right to use the Intellectual Property Rights of the other Party as well as the Working Results of the other Party. The terminating Party has to return to the other Party all information, such as but not limited to documents, data, specimen etc. referring to the said Intellectual Property Rights and for those Working Results which are the sole property of the other Party, as far and if the terminating Party has received any of these from the other Party. The Joint Working Results shall be dealt with according to Item B.7.3 below.. *** Confidential Treatment Requested

Appears in 1 contract

Samples: Alliance Agreement (Myriant Corp)

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Charges by other Party. If (i) either Party, or its Affiliates, make or file a claim against the other Party for a breach of Intellectual Property Rights that are subject to or arise in connection with this Agreement, or (ii) a Party, or its Affiliates, support a third party in making a claim for breach of Intellectual Property Rights, the other Party may terminate this Agreement with immediate effect. Upon effectiveness of the termination under this Item the Parties lose the right to use the Intellectual Property Rights of the other Party as well as the Working Results of the other Party. The terminating Party has to return to the other Party all information, such as but not limited to documents, data, specimen etc. referring to the said Intellectual Property Rights and for those Working Results which are the sole property of the other Party, as far and if the terminating Party has received any of these from the other Party. *** Confidential Treatment Requested The Joint Working Results shall be dealt with according to Item B.7.3 below.

Appears in 1 contract

Samples: Alliance Agreement (Myriant Corp)

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