Common use of Discontinuation of Support Clause in Contracts

Discontinuation of Support. If Licensee desires to stop paying future costs or expenses associated with the filing or prosecution of any patent application, or maintenance or defense of any patent, within the Patent Rights, then it shall give prompt written notice to University prior to University incurring such costs or expenses, and all rights in and to such Patent Rights shall revert to University upon receipt of such notice. If Licensee does not provide University with notice at least [***] prior to the date on which the cost or expense may be incurred, then Licensee shall remain responsible therefor. If University, acting in reliance on such notice, ceases to file or prosecute such patent application or maintain or defend such patent of the Patent Rights, then Licensee and/or Sublicensee shall not sell any product or practice any processes that would have been covered by the claims of that patent application or patent unless Licensee pays royalties on Net Sales in that country at the royalty rate set for Net Sales of Product defined under subsection (b) of the definition of Product. For clarity, in addition to and not in lieu of any other rights and remedies, any patent or patent application within the Patent Rights for which Licensee fails to pay any invoice when due shall revert to University, shall be unilaterally removed from the Patent Rights along with all Patent Rights arising from such patent application or patent after the date of exclusion without further obligation to Licensee, and may be freely licensed by University to others.

Discontinuation of Support. If Licensee desires to stop paying future costs or expenses associated with the filing or prosecution of any patent application, or maintenance or defense of any patent, within the Patent Rights, then it shall give prompt written notice to University prior to University incurring such costs or expenses, and all of Licensee's rights in and to such Patent Rights shall revert to University terminate upon University's receipt of such notice. If Licensee does not provide University with notice at least [***] thirty (30) days prior to the date on which the cost or expense may be incurred, then Licensee shall remain responsible therefor. If University, acting in reliance on such notice, ceases to file or prosecute such patent application or maintain or defend such patent of the Patent Rights, then Licensee and/or Sublicensee shall not sell any product or practice any processes that would have been covered by the claims of that patent application or patent unless Licensee pays royalties on Net Sales in that country at the royalty rate set for Net Sales of Product defined under subsection (b) of the definition of Product. For clarity, in addition to and not in lieu of any other rights and remedies, any patent or patent application within the Patent Rights for which Licensee fails to pay any invoice when due shall revert pursuant to University, Section 4.2 shall be unilaterally removed from the Patent Rights along with all Patent Rights arising from such patent application or patent after the date of exclusion without further obligation to Licensee, and may be freely licensed by University to others.

Discontinuation of Support. If Licensee desires to stop paying future costs or expenses associated with the filing or prosecution of any patent application, or maintenance or defense of any patent, patent within the University Patent Rights, Rights then it shall give prompt written notice to University prior to University incurring such costs or expenses, and all . All rights in and to such University Patent Rights shall revert to University upon receipt of such notice. If Licensee does not provide University with notice at least [***] thirty (30) days prior to the date on which the cost or expense may be incurred, then Licensee shall remain responsible therefor. If University, acting in reliance on such notice, ceases to file or prosecute such patent application or maintain or defend such patent of the University Patent Rights, then Licensee and/or Sublicensee shall not sell any product or practice any processes that would have been covered by the claims of that patent application or patent unless Licensee pays royalties on Net Sales in that country at the royalty rate set for Net Sales of Product defined under subsection (b) of the definition of Product. For clarity, in addition to and not in lieu of any other rights and remedies, any patent or patent application within the University Patent Rights for which Licensee fails to pay any invoice when due shall revert to University, shall be unilaterally removed from the University Patent Rights along with all University Patent Rights arising from such patent application or patent after the date of exclusion without further obligation to Licensee, and may be freely licensed by University to others.