Corresponding Application in Foreign Countries Sample Clauses

Corresponding Application in Foreign Countries. Within nine (9) months after the filing of an Invention Priority Application, the Filing Party shall provide the Non-Filing Party a written list of countries ("Country List") in which the Filing Party intends to file patent applications that claim priority from the given Invention Priority Application. The Non-Filing Party, as promptly as practicable, shall notify the Filing Party in writing of those countries on the Country List and any additional countries ("Additional Countries") where the Non-Filing Party requests that patent applications be filed. In turn, the Filing Party promptly shall notify the Non-Filing Party if it agrees with the filing of applications in such Additional Countries selected by the Non-Filing Party. The Filing Party shall file patent applications at least in those countries where the Non-Filing Party and the Filing Party agree to the filing of patent applications ("Mutually Agreed to Countries") as well as in Additional Countries selected by the Non-Filing Party that are not within the Mutually Agreed to Countries. The Filing Party shall have the option of filing an international application designating at least the Mutually Agreed to Countries, to be followed by national filings in the desired countries. The Filing Party shall be responsible for the filing and prosecution of the patent applications and the maintenance of the granted patents as to the Mutually Agreed to Countries. Subject to the provisions of Section 13.2(b)(iii) as to the Mutually Agreed to Countries, the Filing Party and the Non-Filing Party each will pay fifty percent (50%) of the reasonable external costs relating to the preparation, filing and prosecution of the patent applications and the maintenance of the granted patents. As to those countries where the Non-Filing Party and the Filing Party do not agree to the filing of patent applications, the Party requesting the filing in said country shall be responsible for all costs relating to the filing and prosecution of the patent applications and the maintenance of the granted patents in said countries. Should the Non-Filing Party not respond to the Filing Party within thirty (30) days after the date the Filing Party provides the Country List, then the Filing Party shall be free to initiate patent filings, at the Filing Party's sole expense and discretion, in the countries the Filing Party has selected or still selects. The Filing Party's failure to notify the Non-Filing Party to the contrary within thirty (30)...
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Corresponding Application in Foreign Countries. Within six (6) months after the filing of a Stressgen Invention Priority Application, Stressgen shall provide Roche a written list of countries (“Country List”) in which Stressgen intends to file patent applications that claim priority from the given Stressgen Invention Priority Application. Roche, as promptly as practicable, shall notify Stressgen in writing of those countries on the Country List and any additional countries (“Additional Countries”) where Roche requests that patent applications be filed. In turn, Stressgen promptly shall notify Roche if it agrees with the filing of applications in such Additional Countries selected by Roche. Stressgen shall file patent applications at least in those countries where Roche and Stressgen agree to the filing of patent applications (“Mutually Agreed to Countries”) as well as in Additional Countries selected by Roche that are not within the Mutually Agreed to Countries. Stressgen shall have the option of filing an international application designating at least the Mutually Agreed to Countries, to be followed by national filings in the desired countries. Stressgen shall be responsible for the filing and prosecution of the patent applications and the maintenance of the granted patents as to the Mutually Agreed to Countries. As to the Mutually Agreed to Countries, Roche and Stressgen each will pay fifty percent (50%) of the reasonable external costs relating to the preparation, filing and prosecution of the patent applications and the maintenance of the granted patents. As to those countries where Roche or Stressgen do not agree to the filing of patent applications, the Party requesting the filing in said country shall be responsible for all costs relating to the filing and prosecution of the patent applications and the maintenance of the granted patents in said countries. Should Roche not respond to Stressgen within thirty (30) days after the date Stressgen provides the Country List, then Stressgen shall be free to initiate patent filings, at Stressgen’s sole expense and discretion, in the countries Stressgen has selected or still selects. Stressgen’s failure to notify Roche to the contrary within thirty (30) days after the date upon which Roche notifies Stressgen of the Additional Countries will be deemed an agreement on the part of Stressgen to file patent applications in all such Additional Countries and to pay fifty percent (50%) of the reasonable external costs associated with such filings.
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Related to Corresponding Application in Foreign Countries

  • New Countries The Fund shall be responsible for informing the Custodian sufficiently in advance of a proposed investment which is to be held in a country in which no Subcustodian is authorized to act in order that the Custodian shall, if it deems appropriate to do so, have sufficient time to establish a subcustodial arrangement in accordance herewith. In the event, the Custodian is unable to establish such arrangements prior to the time the investment is to be acquired, the Custodian is authorized to designate at its discretion a local safekeeping agent, and the use of the local safekeeping agent shall be at the sole risk of the Fund, and accordingly the Custodian shall be responsible to the Fund for the actions of such agent if and only to the extent the Custodian shall have recovered from such agent for any damages caused the Fund by such agent.

  • Regulatory Applications (a) Sky and Metropolitan and their respective Subsidiaries shall cooperate and use their respective reasonable best efforts to prepare, within 45 days of the execution of this Agreement, all documentation and requests for regulatory approval, to timely effect all filings and to obtain all permits, consents, approvals and authorizations of all third parties and Governmental Authorities and Regulatory Authorities necessary to consummate the transactions contemplated by this Agreement. Each of Sky and Metropolitan shall have the right to review in advance, and to the extent practicable each will consult with the other, in each case subject to applicable laws relating to the exchange of information, with respect to, and shall be provided in advance so as to reasonably exercise its right to review in advance, all material written information submitted to any third party or any Governmental Authority or Regulatory Authority in connection with the transactions contemplated by this Agreement. In exercising the foregoing right, each of the parties hereto agrees to act reasonably and as promptly as practicable. Each party hereto agrees that it will consult with the other party hereto with respect to the obtaining of all material permits, consents, approvals and authorizations of all third parties and Governmental Authorities or Regulatory Authorities necessary or advisable to consummate the transactions contemplated by this Agreement and each party will keep the other party apprised of the status of material matters relating to completion of the transactions contemplated hereby.

  • Listing Application If shares of any class of stock of the Company shall be listed on a national securities exchange, the Company shall, at its expense, include in its listing application all of the shares of the listed class then owned by any Investor.

  • Patent Applications It is understood by the parties that, pursuant to the Baylor Technology Transfer Agreement, MAS has the initial responsibility for filing, prosecution and maintenance of Patents and Patent Applications covering the Baylor Technology. The parties agree that, as between MAS and CTI, MAS shall be responsible for deciding whether and how to file, prosecute and maintain the Patents and Patent Applications, provided that:

  • General Application The rules set forth below in this Article VI shall apply for the purpose of determining each Member’s allocable share of the items of income, gain, loss and expense of the Company comprising Net Income or Net Loss of the Company for each Fiscal Year, determining special allocations of other items of income, gain, loss and expense, and adjusting the balance of each Member’s Capital Account to reflect the aforementioned general and special allocations. For each Fiscal Year, the special allocations in Section 6.3 shall be made immediately prior to the general allocations of Section 6.2.

  • Commercialization License Subject to the terms of this Agreement, including without limitation Section 2.2 and Theravance's Co-Promotion rights in Section 5.3.2, Theravance hereby grants to GSK, and GSK accepts, an exclusive license under the Theravance Patents and Theravance Know-How to make, have made, use, sell, offer for sale and import Alliance Products in the Territory.

  • Combination Products If a LICENSED PRODUCT is sold to any third party in combination with other products, devices, components or materials that are capable of being sold separately and are not subject to royalties hereunder (“OTHER PRODUCTS,” with the combination of products being referred to as “COMBINATION PRODUCTS” and the Other Product and Licensed Product in such Combination Product being referred to as the “COMPONENTS”), the NET SALES of such LICENSED PRODUCT included in such COMBINATION PRODUCT shall be calculated by multiplying the NET SALES of the COMBINATION PRODUCT by the fraction A/(A+B), where A is the average NET SALES price of such LICENSED PRODUCT in the relevant country, as sold separately, and B is the total average NET SALES price of all OTHER PRODUCTS in the COMBINATION PRODUCT in the relevant country, as sold separately. If, in any country, any COMPONENT is not sold separately, NET SALES for royalty determination shall be determined by the formula [C / (C+D)], where C is the aggregate average fully absorbed cost of the Licensed Product components during the prior Royalty Period and D is the aggregate average fully absorbed cost of the other essential functional components during the prior Royalty Period, with such costs being determined in accordance with generally accepted accounting principles. To the extent that any SUBLICENSE INCOME relates to a COMBINATION PRODUCT or is otherwise calculated based on the value of one or more licenses or intellectual property rights held by the COMPANY, an AFFILIATE or SUBLICENSEE, COMPANY shall determine in good faith and report to THE PARTIES the share of such payments reasonably attributable to COMPANY’s or such AFFILIATE’s sublicense of the rights granted hereunder, based upon their relative importance and proprietary protection, which portion shall be the SUBLICENSE INCOME. THE PARTIES shall have the right to dispute such sharing determination in accordance with the dispute provisions of the AGREEMENT.

  • Combination Product The term “

  • Country Risk – shall have the meaning set forth in the Custodian Agreement.

  • Territory The territorial limits of this Agreement shall be identical with those of the Reinsured Contracts.

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