Common use of Claim or Suit Against BDSI Clause in Contracts

Claim or Suit Against BDSI. In the event of the institution of any claim or suit by a Third Party against BDSI for patent infringement involving the manufacture, use, lease or sale of any Licensed Product in the Territory, BDSI shall promptly notify ACCENTIA in writing of such claim or suit. BDSI shall have the right to defend such claim or suit at its own expense and ACCENTIA hereby agrees to assist and cooperate with BDSI, at ACCENTIA’s own expense, to the extent necessary in the defense of such claim or suit.