Cynosure Current Products Sample Clauses

Cynosure Current Products. During the Term, Cynosure and Cynosure Affiliates shall not bring, pursue or maintain, allow any Cynosure Sublicensee to bring, pursue or maintain, or allow, cause or encourage any Third Party to bring, pursue or maintain, any claim or other assertion in any court or other governmental forum of competent jurisdiction (including any patent office) seeking a judgment or other decision that the manufacture, use, sale, offering for sale, or importation of the Cynosure Current Products does not infringe any Valid Claims of the ▇▇▇▇▇▇▇▇ Patents (any such claim or other assertion, a “Non-Infringement Challenge”). In the event that any Non-Infringement Challenge is brought, pursued or maintained in contravention of this Section 4.7(c), Cynosure and Cynosure Affiliates each understands and agrees that, in addition and without prejudice to any of Palomar’s other rights or remedies hereunder, (i) Cynosure and Cynosure Affiliates shall be in material breach of this Agreement, and (ii) Cynosure and Cynosure Affiliates shall reimburse Palomar for all reasonable costs and expenses of attorneys, professionals and accountants incurred by Palomar and MGH to respond to and defend any such Non-Infringement Challenge.