Common use of Course of Action Clause in Contracts

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.

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 Compounds 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 Compounds or its their Manufacture, the Party becoming aware of same shall promptly notify the other. Licensee The Parties shall determine thereafter attempt to agree upon 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.

Course of Action. In the event that Licensee’s, its Affiliates” ’ or its sublicensees” ’ making, having made, importing, exporting, using, Manufacturingmanufacturing, having Manufactured 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 Compound, Licensed Product or its Manufacture, the Party becoming aware of same shall promptly notify the other. Licensee The Parties shall determine thereafter attempt to agree upon a course of action that which may include: (i) modification of 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.