Common use of Claimed Infringement Clause in Contracts

Claimed Infringement. In the event that a third party at any time provides written notice of a claim to, or brings an action, suit or proceeding against, either Party or any of their respective Affiliates or sublicensees, claiming infringement of its patent rights or unauthorized use or misappropriation of its know-how, based upon an assertion or claim arising out of the manufacture, use or sale of Licensed Products, such Party shall promptly notify the other Party of the claim or the commencement of such action, suit or proceeding, enclosing a copy of the claim and all papers served. Each Party agrees to make available to the other Party its advice and counsel regarding the technical merits of any such claim.

Claimed Infringement. In the event that a third party at any time provides written notice of a claim to, or brings an action, suit or proceeding against, either Party TUFTS or LICENSEE or any of their respective LICENSEE’s Affiliates or sublicenseesSublicensees, claiming infringement of its patent rights or unauthorized use or misappropriation of its know-howrights, based upon an assertion or claim arising out of the manufacture, use or sale of Licensed ProductsProducts or Licensed Services, such Party shall will promptly notify the other Party of the claim or the commencement of such action, suit or proceeding, enclosing a copy of the claim and all papers served. Each Party agrees to make available to the other Party its advice and counsel regarding the technical merits of any such claim.