Common use of Consequences of a PATENT CHALLENGE Clause in Contracts

Consequences of a PATENT CHALLENGE. In the event that (a) Licensee, any of its Affiliates, or any Sublicensee brings a Patent Challenge against BIDMC, or (b) Licensee, any of its Affiliates, or any Sublicensee assists another party in bringing a Patent Challenge against BIDMC (except as required under a court order or subpoena), and, in either such case, BIDMC does not choose to exercise its rights to terminate this Agreement pursuant to Section 10.5, then if such a Patent Challenge is successful, Licensee will have no right to recoup any monies paid during the period of challenge.

Consequences of a PATENT CHALLENGE. In the event that (ai) Licensee, any of its Affiliates, or any Sublicensee brings a Patent Challenge against BIDMC, or (bii) Licensee, any of its Affiliates, or any Sublicensee assists another party in bringing a Patent Challenge against BIDMC (except as required under a court order or subpoena), and, in either such case, and (iii) BIDMC does not choose to exercise its rights to terminate this Agreement pursuant to Section 10.59.4, then if such a Patent Challenge is successful, Licensee will have no right to recoup any monies paid during the period of challenge.