Course of Action Sample Clauses

Course of Action. In the event that Licensee’s, its Affiliates” or its sublicensees” making, having made, importing, exporting, using, Manufacturing, having Manufactured Licensed Compound or distributing, marketing, promoting, offering for sale or selling Licensed Product infringes, will infringe or is alleged by a Third Party to infringe, a claim of a patent that specifically covers the Licensed Compound or its Manufacture, the Party becoming aware of same shall promptly notify the other. Licensee shall determine a course of action that may include: (i) modification of the Licensed Product or its use and Manufacture so as to be non-infringing; or (ii) obtaining a license or assignment from said Third Party.
AutoNDA by SimpleDocs
Course of Action. I-MAB shall have the right, but not the obligation, at its cost to bring any legal action in the Territory and/or Optional Territory (as applicable) related to infringement by Third Parties, that impacts adversely on the enjoyment by I-MAB of the rights licensed to it hereunder. Ferring shall join in any infringement proceeding as a party at I-MAB’s request and at I-MAB’s expense in the event that an adverse party asserts, or I-MAB determines in good faith, that a court or other legal body lacks jurisdiction based on Ferring’s absence as a party in such proceeding, or with respect to patents where such joinder is necessary or desirable to proceed with such claim. Ferring and Conaris shall each have the right, but not the obligation, to bring any legal action related to infringement if I-MAB declines to do so.
Course of Action. In the event that ARS or its sublicensees making, having made, importing, using, offering for sale or selling a Licensed Product infringes, will infringe or is alleged by a third party to infringe a third party's patent, the Party becoming aware of same shall promptly notify the other Party. The Parties shall thereafter attempt to agree upon a course of action that may include: (a) modification of the Licensed Product or its use and manufacture so as to be non-infringing; or (b) obtaining a license or assignment of such third-party patent from such third party.
Course of Action. In the event that Licensee’s, its Affiliates’ or its sublicensees’ making, having made, importing, exporting, using, manufacturing, having manufactured Licensed Compound or Licensed Product or distributing, marketing, promoting, offering for sale or selling Licensed Product infringes, will infringe or is alleged by a Third Party to infringe, a claim of a patent that specifically covers the Licensed Compound, Licensed Product or its Manufacture, the Party becoming aware of same shall promptly notify the other. The Parties shall thereafter attempt to agree upon a course of action which may include: (i) modification of [ * ] = Certain confidential information contained in this document, marked by brackets, is filed with the Securities and Exchange Commission pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended. the Licensed Product or Licensed Compound or its use and Manufacture so as to be non-infringing; or (ii) obtaining a license or assignment from said Third Party.
Course of Action. 18.2.1 Citizen/parent complaints about a unit member shall adhere to the following process: 18.2.1.1 Upon receipt of a complaint, the unit member’s supervisor shall notify the unit member in writing, either: 18.2.1.1.1 Within one (1) business day of a complaint lodged against the unit member or; 18.2.1.1.2 At the earliest possible date/time, when the allegation is determined to be a charge against the unit member, taking into account the sensitivity and seriousness of the charge and the integrity of the investigation. 18.2.1.2 Upon receipt of the complaint, the supervisor will determine if the allegation is a charge or a complaint and proceed to act, consistent with the process outlined in this article. The course of action to be followed requires that the supervisor: 18.2.1.2.1 Describe the complaint/charge related in the allegation: 18.2.1.2.2 Determine if the allegation is a complaint or a charge; 18.2.1.2.3 Assess that the charge or complaint is either: (1) unfounded (without merit); or,
Course of Action. 47 8.4.2 Schering Option to Negotiate..................................... 47 8.4.3 Zonagen Option to Negotiate...................................... 47 8.4.4 Third Party Infringement Suit.................................... 48 8.5 Certification Under Drug Price Competition and Patent Restoration Act... 48 8.6 Abandonment............................................................. 48 8.7
Course of Action. In the event that Schering's, its ---------------- Affiliates' or its sublicensees' making, having made, importing, exporting, using, distributing, marketing, promoting, offering for sale or selling Licensed Compounds and/or Licensed Products infringes, will infringe or is alleged by a third party to infringe a third party's patent, the Party becoming aware of same shall promptly notify the other.
AutoNDA by SimpleDocs
Course of Action. The purpose of this project is to address the perceived lack of education among pastors concerning psychology and its integration with homiletics. As a pastor committed to the reaching of new persons, developing healthy congregations, and serving God’s kingdom, I feel obligated to use the Hope-based Dynamic Spiritual Assessment Model as an impetus to change this perceived state of ignorance among pastors, beginning with my own context. Contextual Scope In 2017, the Conference prioritized church health, with an emphasis on the spiritual health of its pastors.80 This prioritization of pastoral spiritual health translated into superintendents from each district inviting pastors to participate in L3 Groups. L3 Groups are small groups of pastors within The UMC North Alabama Conference who meet monthly to share in loving, learning, and leading, hence the program’s name.81 L3 participating pastors voluntarily chose to participate both in the process and the particular group, though one pastor was selected by the district superintendent to lead each group in organization and direction.82
Course of Action. In the event that an action for infringement is commenced against either party, its Affiliates, its licensees or its sublicensees as a result of the development, manufacture, use or sale of a Licensed Compound, Preclinical Compound, Selected Compound or Product exclusively licensed to P&G hereunder, P&G shall defend such action at its own expense, and Curis hereby agrees to assist and cooperate with P&G, at its own expense, to the extent necessary in the defense of such suit. P&G shall have the right to settle the suit or consent to an adverse judgment thereto, in its sole discretion, so long as such settlement or adverse judgment does not adversely affect the rights of Curis and its Affiliates (including any Curis Patent Rights). Except as set forth in Section 6.9, P&G shall have full responsibility for the payment of any award for damages, or any amount due pursuant to any settlement entered into by it with such Third Party. Any and all damages and awards received by P&G as a result thereof (e.g., as a result of a counterclaim) shall be allocated between the parties in the same manner as provided in Section 8.5(d).
Course of Action. In the event that Sponsor, its Related Body Corporate or affiliate or its licensees making, having made, importing, using, offering for sale or selling a Product infringes, will infringe or is alleged by a third party to infringe a third party's patent, the party becoming aware of same shall promptly notify the other party. The parties shall thereafter attempt to agree upon a course of action that may include: (a) modification of the Product or its use and manufacture so as to be non-infringing; or (b) obtaining a license or assignment of such third-party patent from such third party, the cost of which assignment or license shall be offset against the royalty owed to University in a manner consistent with Section 3.3.3 above. Article V Term and Termination
Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!