Common use of Defense in the Licensed Territory Clause in Contracts

Defense in the Licensed Territory. If a Third Party asserts that a patent or other right owned by it is infringed by any Franchise Product in the Licensed Territory, Genentech will be solely responsible for deciding how and whether to defend against any such assertions at its cost and expense. If Genentech is required to pay royalties to such Third Party as a result of such action, it will be entitled to deduct [CONFIDENTIAL TREATMENT REQUESTED] of such royalties against royalties owing to IDEC under, but only to the extent permitted by, Section 7.7(d). ARTICLE 13

Defense in the Licensed Territory. If a Third Party asserts that a patent or other right owned by it is infringed by any Franchise Product in the Licensed Territory, Genentech will be solely responsible for deciding how and whether to defend against any such assertions at its cost and expense. If Genentech is required to pay royalties to such Third Party as a result of such action, it will be entitled to deduct [CONFIDENTIAL TREATMENT REQUESTED*] of such royalties against royalties owing to IDEC under, but only to the extent permitted by, Section 7.7(d). ARTICLE 13.

Defense in the Licensed Territory. If a Third Party asserts that a patent or other right owned by it is infringed by any Franchise Product in the Licensed Territory, Genentech will be solely responsible for deciding how and whether to defend against any such assertions at its cost and expense. If Genentech is required to pay royalties to such Third Party as a result of such action, it [**] = Portions of this exhibit have been omitted pursuant to a confidential treatment request. An unredacted version of this exhibit has been filed separately with the Commission. will be entitled to deduct [CONFIDENTIAL TREATMENT REQUESTED**] of such royalties against royalties owing to IDEC under, but only to the extent permitted by, Section 7.7(d7.7(e). ARTICLE 13.

Defense in the Licensed Territory. If a Third Party asserts that a patent or other right owned by it is infringed by any Franchise Product in the Licensed Territory, Genentech will be solely responsible for deciding how and whether to defend against any such assertions at its cost and expense. If Genentech is required to pay royalties to such Third Party as a result of such action, it will be entitled to deduct [CONFIDENTIAL TREATMENT REQUESTED] of such royalties against royalties owing to IDEC under, but only to the extent permitted by, Section 7.7(d). ARTICLE 13.