Common use of Cooperation; Settlement Clause in Contracts

Cooperation; Settlement. In the event a party brings an infringement action in accordance with this Section 9.4, the other party shall cooperate fully at the first party’s expense, including, if required to bring such action, the furnishing of a power of attorney or being named as a party. Neither party shall have the right to settle any patent infringement litigation under this Section 9.4 that relates to any Joint Patent hereunder, or that could materially and adversely impact the other party hereunder, without the prior written consent of the other party, which shall not be unreasonably withheld.

Cooperation; Settlement. In the event a party brings an infringement action in accordance with this Section 9.4, the other party shall cooperate fully at the first party’s expensefully, including, if required to bring such action, the furnishing of a power of attorney or being named as a party. Neither party shall have the right to settle any patent infringement litigation under this Section 9.4 that relates relating to any Product-Specific Emisphere Patent or any Joint Patent hereunder, or that could materially and adversely impact the other party hereunder, hereunder without the prior written consent of the other party, which shall not be unreasonably withheld.