Common use of Defense of Third Party Infringement Claims Clause in Contracts

Defense of Third Party Infringement Claims. If any Licensed Product Manufactured, used or sold by Alcon or its Affiliates or Marketing Partners becomes the subject of a Third Party’s claim or assertion of infringement of a Patent relating to the manufacture, use, sale, offer for sale or importation of Licensed Product in the Field, the Party first having notice of the claim or assertion shall promptly notify the other Party, and the Parties shall promptly confer to consider the claim or assertion and the appropriate course of action. Unless the Parties otherwise agree in writing, each Party shall have the right to defend itself against a suit that names it as a defendant. Neither Party shall enter into any settlement of any claim described in this Section 9.3 that adversely affects the other Party’s rights or interests without such other Party’s written consent, which consent shall not be unreasonably conditioned, withheld or delayed. In any event, the Parties shall reasonably assist one another and cooperate in any such litigation at the other Party’s request and expense.

Defense of Third Party Infringement Claims. If any Licensed Product Manufactured, used or sold by Alcon or its Affiliates or Marketing Partners becomes the subject of a Third Party’s claim or assertion of infringement of a Patent relating with respect to the manufacture, use, sale, offer for sale or importation of Licensed Product for the Field in the FieldTerritory, the Party first having notice of the claim or assertion shall promptly notify the other Party, and the Parties shall promptly confer to consider the claim or assertion and the appropriate course of action. Unless the Parties otherwise agree in writing, each Party shall have the right to defend itself against a suit that names it as a defendantdefendant (the “Defending Party”). Neither Party shall enter into any settlement of any claim described in this Section 9.3 that adversely affects the other Party’s rights or interests without such other Party’s written consent, which consent shall not be unreasonably conditioned, withheld or delayed. In any event, the Parties other Party shall reasonably assist one another the Defending Party and cooperate in any such litigation at the other Defending Party’s request and expense.

Defense of Third Party Infringement Claims. If any Licensed Product Manufactured, used or sold commercialized by Alcon SATSUMA or its Affiliates or Marketing Partners their sublicensees becomes the subject of a Third Party’s claim or assertion of infringement of a Patent relating to the manufacture, use, sale, offer for sale or importation of Licensed any Product in for the FieldField within the Territory, the Party first having notice of the claim or assertion shall promptly notify the other Party, and the Parties shall promptly confer to consider the claim or assertion and the appropriate course of action. Unless the Parties otherwise agree in writing, each Party shall have the right to defend itself against a suit that names it as a defendantdefendant (the “Defending Party”). Neither Party shall enter into any settlement of any claim described in this Section 9.3 7.3 that adversely affects the other Party’s rights or interests without such other Party’s written consent, which consent shall not be unreasonably conditioned, withheld or delayed. In any event, the Parties other Party shall reasonably assist one another the Defending Party and cooperate in any such litigation at the other Defending Party’s request and expense.

Defense of Third Party Infringement Claims. If any Licensed Product Manufactured, used or sold by Alcon or its Affiliates or Marketing Partners becomes the subject of a Third Party’s claim or assertion of infringement of a Patent relating or other intellectual property right with respect to the manufacture, use, sale, offer for sale or importation of Licensed Product within the Field in the FieldTerritory, the Party first having notice of the claim or assertion shall promptly notify the other Party, and the Parties shall promptly confer to consider the claim or assertion and the appropriate course of action. Unless the Parties otherwise agree in writing, each Party shall have the right to defend itself against a suit that names it as a defendantdefendant (the “Defending Party”) . Neither Party shall enter into any settlement of any claim described in this Section 9.3 that adversely affects the other Party’s rights or interests without such other Party’s written consent, which consent shall not be unreasonably conditionedwithheld, withheld conditioned or delayed. In any event, the Parties other Party shall reasonably assist one another the Defending Party and cooperate in any such litigation at the other Defending Party’s request and expense.

Defense of Third Party Infringement Claims. If any Licensed the Product Manufactured, used or sold commercialized by Alcon TRANSCEPT or its Affiliates or Marketing Partners sublicensees becomes the subject of a Third Party’s claim or assertion of infringement of a Patent relating to the manufacture, use, sale, offer for sale or importation of Licensed the Product in for the FieldField within the Territory, the Party first having notice of the claim or assertion shall promptly notify the other Party, and the Parties shall promptly confer to consider the claim or assertion and the appropriate course of action. Unless the Parties otherwise agree in writing, each Party shall have the right to defend itself against a suit that names it as a defendantdefendant (the “Defending Party”). Neither Party shall enter into any settlement of any claim described in this Section 9.3 that adversely affects the other Party’s rights or interests without such other Party’s written consent, which consent shall not be unreasonably conditioned, withheld or delayed. In any event, the Parties other Party shall reasonably assist one another the Defending Party and cooperate in any such litigation at the other Defending Party’s request and expense.

Defense of Third Party Infringement Claims. If any Licensed Product Manufactured, used or sold by Alcon or its Affiliates or Marketing Partners becomes the subject of a Third Party’s claim or assertion of infringement of a Patent relating to the research, development, manufacture, use, sale, offer for sale sale, exportation, importation, or importation commercialization of Licensed Product for the Field in the FieldTerritory, the Party first having notice of the claim or assertion shall promptly notify the other Party, and the Parties shall promptly confer to consider the claim or assertion and the appropriate course of action[***]. Unless the Parties otherwise agree in writing, each Party shall have [***] (the right to defend itself against a suit that names it as a defendant“Defending Party”). Neither Party shall enter into any settlement of any claim described in this Section 9.3 7.6 that adversely affects the other Party’s rights or interests without such other Party’s written consent, which consent shall not be unreasonably conditionedwithheld, withheld conditioned or delayed. [***]. In any event, the Parties other Party shall reasonably assist one another the Defending Party and cooperate in any such litigation at the other Defending Party’s request and reasonable expense.

Defense of Third Party Infringement Claims. If any Licensed Product Manufactured, used or sold by Alcon or its Affiliates or Marketing Partners becomes the subject of a Third Party’s claim or assertion of infringement of a Patent relating or other intellectual property right with respect to the manufacture, use, sale, offer for sale or importation of Licensed Product within the Field in the FieldTerritory, the Party first having notice of the claim or assertion shall promptly notify the other Party, and the Parties shall promptly confer to consider the claim or assertion and the appropriate course of action. Unless the Parties otherwise agree in writing, each Party shall have the right to defend itself against a suit that names it as a defendantdefendant (the “Defending Party”). Neither Party shall enter into any settlement of any claim described in this Section 9.3 10.3 that adversely affects the other Party’s rights or interests without such other Party’s written consent, which consent shall not be unreasonably conditionedwithheld, withheld conditioned or delayed. In any event, the Parties other Party shall reasonably assist one another the Defending Party and cooperate in any such litigation at the other Defending Party’s request and expense.