Common use of Defense of Infringement Claims Clause in Contracts

Defense of Infringement Claims. If the manufacture, sale or use of a POZEN Product pursuant to this Agreement results in any claim, suit, or proceeding by a Third Party alleging that such activities infringe a Third Party patent, or if a Third Party threatens such a claim, suit or proceeding, each Party will promptly notify the other Party thereof. […***…] will have the exclusive right to defend and control the defense of any such claim, suit or proceeding at its own expense, using counsel of its own choice; provided, that if any such proceedings involve matters relating to the validity or enforceability of the Licensed Patents or Joint Patents, then the provisions of Section 9.6.3 (Cooperation) above shall apply. In any claim, suit or proceeding under this Section 9.7, […***…] will keep […***…] reasonably informed of all material developments in connection with any such claim, suit, or proceeding; provided, that if […***…] is named as a defendant in any such claim, suit or proceeding, that […***…] shall have the right to participate in the defense using counsel of its choice at its own expense. In any claim, suit or proceeding under this Section 9.7, […***…] agrees to provide […***…] with copies of all pleadings filed in such action and to allow […***…] reasonable opportunity to participate in the defense of the claims.

Defense of Infringement Claims. If the manufacture, sale or use of a POZEN Product pursuant to this Agreement results in any claim, suit, or proceeding by a Third Party alleging that such activities infringe a Third Party patent, or if a Third Party threatens such a claim, suit or proceeding, each Party will promptly notify the other Party thereof. […*** (or its ***…] ) will have the exclusive right to defend and control the defense of any such claim, suit or proceeding at its own expense, using counsel of its own choice; provided, that if any such proceedings involve matters relating to the validity or enforceability of the Licensed Patents or Joint Patents, then the provisions of Section 9.6.3 (Cooperation) above shall apply. In any claim, suit or proceeding under this Section 9.7, […***…] * will keep […***…] * reasonably informed of all material developments in connection with any such claim, suit, or proceeding; provided, that if […***…] * is named as a defendant in any such claim, suit or proceeding, that […***…] * shall have the right to participate in the defense using counsel of its choice at its own expense. In any claim, suit or proceeding under this Section 9.7, […***…] * agrees to provide […***…] * with copies of all pleadings filed in such action and to allow […***…] * reasonable opportunity to participate in the defense of the claims.

Defense of Infringement Claims. If the manufacture, sale or use of a POZEN Product pursuant to this Agreement results in any claim, suit, or proceeding by a Third Party alleging that such activities infringe a Third Party patent, or if a Third Party threatens such a claim, suit or proceeding, each Party will promptly notify the other Party thereof. […*** *…] ** will have the exclusive right to defend and control the defense of any such claim, suit or proceeding at its own expense, using counsel of its own choice; provided, that if any such proceedings involve matters relating to the validity or enforceability of the Licensed Patents or Joint Patents, then the provisions of Section 9.6.3 (Cooperation) above shall apply. In any claim, suit or proceeding under this Section 9.7, […***…] * will keep […***…] * reasonably informed of all material developments in connection with any such claim, suit, or proceeding; provided, that if […***…] * is named as a defendant in any such claim, suit or proceeding, that […***…] * shall have the right to participate in the defense using counsel of its choice at its own expense. In any claim, suit or proceeding under this Section 9.7, […***…] * agrees to provide […***…] * with copies of all pleadings filed in such action and to allow […***…] * reasonable opportunity to participate in the defense of the claims.