Company Right to Prosecute. So long as COMPANY remains the exclusive licensee of the PATENT RIGHTS in the EXCLUSIVE FIELD ONE or EXCLUSIVE FIELD TWO in the TERRITORY, COMPANY, to the extent permitted by law, shall have the right, under its own control and at its own expense, to prosecute any third party infringement of the PATENT RIGHTS in the respective EXCLUSIVE FIELD ONE or EXCLUSIVE FIELD TWO in the TERRITORY, subject to Sections 7.4 and 7.5. If required by law, M.I.T. shall permit any action under this Section to be brought in its name, including being joined as a party-plaintiff, provided that COMPANY shall hold M.I.T. harmless from, and indemnify M.I.T. against, any costs, expenses, or liability that M.I.T. incurs in connection with such action. Prior to commencing any such action, COMPANY shall consult with M.I.T. and shall consider the views of M.I.T. regarding the advisability of the proposed action and its effect on the public interest. COMPANY shall not enter into any settlement, consent judgment, or other voluntary final disposition of any infringement action under this Section without the prior written consent of M.I.T. which shall not be unreasonably withheld and which shall take into full consideration the business implications to COMPANY.
Appears in 2 contracts
Samples: Patent License Agreement (Mevion Medical Systems, Inc.), Patent License Agreement (Mevion Medical Systems, Inc.)
Company Right to Prosecute. So long as COMPANY remains the exclusive licensee of the PATENT RIGHTS in the EXCLUSIVE a DISEASE FIELD ONE or EXCLUSIVE FIELD TWO in the TERRITORY, COMPANY, to the extent permitted by law, shall have the right, under its own control and at its own expense, to prosecute any third party infringement of the PATENT RIGHTS in the respective EXCLUSIVE such DISEASE FIELD ONE or EXCLUSIVE FIELD TWO in the TERRITORY, subject to Sections 7.4 and 7.5. If required by law, M.I.T. M.I.T., XXXXXXX, or XXXX shall permit any action under this Section to be brought in its name, including being joined as a party-plaintiff, provided that COMPANY shall hold M.I.T. M.I.T., XXXXXXX, and GIST harmless from, and indemnify M.I.T. M.I.T., XXXXXXX, and XXXX against, any costs, expenses, or liability that M.I.T. incurs M.I.T., XXXXXXX, or GIST may incur in connection with such action. Prior to commencing any such action, COMPANY shall consult with M.I.T. and shall consider the views of M.I.T. regarding the advisability of the proposed action and its effect on the public interest. COMPANY shall not enter into any settlement, consent judgment, or other voluntary final disposition of any infringement action under this Section without the prior written consent of M.I.T. which shall not be unreasonably withheld and which shall take into full consideration the business implications to COMPANY.M.I.T.
Appears in 2 contracts
Samples: Exclusive Patent License Agreement (BIND Therapeutics, Inc), Exclusive Patent License Agreement (BIND Therapeutics, Inc)
Company Right to Prosecute. So long as COMPANY remains the exclusive licensee of the PATENT RIGHTS in the EXCLUSIVE FIELD ONE or EXCLUSIVE FIELD TWO in the TERRITORY, COMPANY, to the extent permitted by law, shall have the right, under its own control and at its own expense, to prosecute any third party infringement of the PATENT RIGHTS in the respective EXCLUSIVE FIELD ONE or EXCLUSIVE FIELD TWO in the TERRITORY, subject to Sections 7.4 and 7.5. If required by law, WHXXXXXXX xr M.I.T. shall permit any action under this Section to be brought in its nametheir names, including being joined as a party-plaintiff, provided that COMPANY shall hold WHXXXXXXX xnd M.I.T. harmless from, and indemnify WHXXXXXXX xnd M.I.T. against, any costs, expenses, or liability that WHXXXXXXX xr M.I.T. incurs in connection with such action. Prior to commencing any such action, COMPANY shall consult with WHXXXXXXX xnd M.I.T. and shall consider the views of WHXXXXXXX xnd M.I.T. regarding the advisability of the proposed action and its effect on the public interest. COMPANY shall not enter into any settlement, consent judgment, or other voluntary final disposition of any infringement action under this Section without the prior written consent of M.I.T. which shall not be unreasonably withheld and which shall take into full consideration the business implications to COMPANY.WHXXXXXXX xnd M.I.T.
Appears in 1 contract
Company Right to Prosecute. So long as COMPANY remains the exclusive licensee of the PATENT RIGHTS in the EXCLUSIVE FIELD ONE or EXCLUSIVE FIELD TWO in the TERRITORY, COMPANY, to the extent permitted by law, shall will have the right, under its own control and at its own expense, to prosecute any third third-party infringement of the PATENT RIGHTS in the respective EXCLUSIVE FIELD ONE or EXCLUSIVE FIELD TWO in the TERRITORY, subject to Sections 7.4 and 7.5. If required by law, XXXXXXXXX, M.I.T. and HARVARD shall permit any action under this Section to be brought in its their name, including being joined as a party-plaintiff, provided that COMPANY shall hold XXXXXXXXX, M.I.T. and HARVARD harmless from, and indemnify XXXXXXXXX, M.I.T. against, and HARVARD against any costs, expenses, or liability that XXXXXXXXX, M.I.T. incurs and HARVARD incur in connection with such action. Prior to commencing any such action, COMPANY shall consult with XXXXXXXXX, M.I.T. and HARVARD and shall consider the views of XXXXXXXXX, M.I.T. and HARVARD regarding the advisability of the proposed action and its effect on the public interest. COMPANY shall not enter into any settlement, consent judgment, or other voluntary final disposition of any infringement action under this Section without the prior written consent of XXXXXXXXX, M.I.T. which shall not be unreasonably withheld and which shall take into full consideration the business implications to COMPANYHARVARD.
Appears in 1 contract
Samples: Exclusive Patent License and Tangible Property Agreement (Verastem, Inc.)
Company Right to Prosecute. So long as COMPANY remains the exclusive licensee of the PATENT RIGHTS in the EXCLUSIVE a DISEASE FIELD ONE or EXCLUSIVE FIELD TWO in the TERRITORY, COMPANY, to the extent permitted by law, shall have the right, under its own control and at its own expense, to prosecute any third party infringement of the PATENT RIGHTS in the respective EXCLUSIVE such DISEASE FIELD ONE or EXCLUSIVE FIELD TWO in the TERRITORY, subject to Sections 7.4 and 7.5. If required by law, M.I.T. M.I.T., XXXXXXX, or GIST shall permit any action under this Section to be brought in its name, including being joined as a party-plaintiff, provided that COMPANY shall hold M.I.T. M.I.T., XXXXXXX, and XXXX harmless from, and indemnify M.I.T. M.I.T., XXXXXXX, and GIST against, any costs, expenses, or liability that M.I.T. incurs M.I.T., XXXXXXX, or XXXX may incur in connection with such action. Prior to commencing any such action, COMPANY shall consult with M.I.T. and shall consider the views of M.I.T. regarding the advisability of the proposed action and its effect on the public interest. COMPANY shall not enter into any settlement, consent judgment, or other voluntary final disposition of any infringement action under this Section without the prior written consent of M.I.T. which shall not be unreasonably withheld and which shall take into full consideration the business implications to COMPANY.M.I.T.
Appears in 1 contract
Samples: Exclusive Patent License Agreement (BIND Therapeutics, Inc)
Company Right to Prosecute. So long as COMPANY remains the exclusive licensee of the PATENT RIGHTS in the EXCLUSIVE FIELD ONE or EXCLUSIVE FIELD TWO in the TERRITORY, COMPANY, to the extent permitted by law, shall will have the right, under its own control and at its own expense, to prosecute any third third-party infringement of the PATENT RIGHTS in the respective EXCLUSIVE FIELD ONE or EXCLUSIVE FIELD TWO in the TERRITORY, subject to Sections 7.4 and 7.5. If required by law, XXXXXXXXX and M.I.T. shall permit any action under this Section to be brought in its their name, including being joined as a party-plaintiff, provided that COMPANY shall hold XXXXXXXXX and M.I.T. harmless from, and indemnify XXXXXXXXX and M.I.T. against, against any costs, expenses, or liability that XXXXXXXXX and M.I.T. incurs incur in connection with such action. Prior to commencing any such action, COMPANY shall consult with XXXXXXXXX and M.I.T. and shall consider the views of XXXXXXXXX and M.I.T. regarding the advisability of the proposed action and its effect on the public interest. COMPANY shall not enter into any settlement, consent judgment, or other voluntary final disposition of any infringement action under this Section without the prior written consent of M.I.T. which shall not be unreasonably withheld XXXXXXXXX and which shall take into full consideration the business implications to COMPANY.M.I.T.
Appears in 1 contract
Samples: Exclusive Patent License and Tangible Property Agreement (Verastem, Inc.)