Common use of Declaratory Judgment Clause in Contracts

Declaratory Judgment. If a declaratory judgment action is brought naming Licensee and/or any of its Affiliates or Sublicensees as a defendant and alleging invalidity or unenforceability of any claims within the Patent Rights, Licensee shall promptly notify Harvard in writing and Harvard may elect, upon written notice to Licensee within thirty (30) days after Harvard receives notice of the commencement of such action, to take over the sole defense of the invalidity or unenforceability aspect of the action at its own expense and shall reasonably consider all comments of Licensee concerning such action.

Appears in 5 contracts

Samples: License Agreement (Genocea Biosciences, Inc.), License Agreement (Genocea Biosciences, Inc.), License Agreement (Genocea Biosciences, Inc.)

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Declaratory Judgment. If a declaratory judgment action is brought naming Licensee and/or any of its Affiliates or Sublicensees as a defendant and alleging invalidity or unenforceability of any claims within the Licensed Patent Rights, Licensee shall promptly notify Harvard in writing and Harvard may elect, upon written notice to Licensee within thirty (30) days [**] after Harvard receives notice of the commencement of such action, to take over the sole defense of the invalidity or and/or unenforceability aspect of the action at its own expense and shall reasonably consider all comments of Licensee concerning such actionexpense.

Appears in 2 contracts

Samples: License Agreement (ReWalk Robotics Ltd.), License Agreement (ReWalk Robotics Ltd.)

Declaratory Judgment. If a declaratory judgment action is brought naming Licensee and/or any of its Affiliates or Sublicensees as a defendant and alleging invalidity or unenforceability of any claims within the Patent Rights, Licensee shall promptly notify Harvard in writing and and, if such action is brought other than in connection with an Infringement, Harvard may elect, upon written notice to Licensee within thirty (30) days after Harvard receives notice of the commencement of such action, to take over the sole defense of the invalidity or and/or unenforceability aspect of the action at its own expense and shall reasonably consider all comments of Licensee concerning such actionexpense.

Appears in 2 contracts

Samples: License Agreement (10x Genomics, Inc.), License Agreement (10x Genomics, Inc.)

Declaratory Judgment. If a declaratory judgment action is brought naming Licensee and/or any of its Affiliates or Sublicensees as a defendant and alleging invalidity or unenforceability of any claims within the Patent Rights, Licensee shall promptly notify Harvard in writing and Harvard may elect, upon written notice to Licensee within thirty (30) days after Harvard receives notice of the commencement of such action, to take over the sole defense of the invalidity or and/or unenforceability aspect of the action at its own expense and shall reasonably consider all comments of Licensee concerning such actionexpense.

Appears in 2 contracts

Samples: License Agreement, License Agreement

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Declaratory Judgment. If a declaratory judgment action is brought naming Licensee and/or any of its Affiliates Subsidiaries or Sublicensees as a defendant and alleging invalidity or unenforceability of any claims within the Patent Rights, Licensee shall promptly notify Harvard in writing and Harvard may elect, upon written notice to Licensee within thirty (30) days after Harvard receives notice of the commencement of such action, to take over the sole defense of the invalidity or and/or unenforceability aspect of the action at its own expense and shall reasonably consider all comments of Licensee concerning such actionexpense.

Appears in 1 contract

Samples: License Agreement (AVROBIO, Inc.)

Declaratory Judgment. If a declaratory judgment action is brought naming Licensee and/or any of its Affiliates or Sublicensees as a defendant and alleging invalidity or unenforceability of any claims within the Exclusive Patent Rights, Licensee shall promptly notify Harvard in writing and Harvard may elect, upon written notice to Licensee within thirty (30) days after Harvard receives notice of the commencement of such action, to take over the sole defense of the invalidity or unenforceability aspect of the action at its own expense and shall reasonably consider all comments of Licensee concerning such actionexpense.

Appears in 1 contract

Samples: License Agreement (Tetralogic Pharmaceuticals Corp)

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