Common use of Duty to Notify of Competitive Infringement Clause in Contracts

Duty to Notify of Competitive Infringement. During the Term, if either Party learns of an infringement, unauthorized use, misappropriation or threatened infringement by a Third Party with respect to [***] (a “Competitive Infringement”), such Party will promptly notify the other Party in writing and will provide such other Party with available information regarding such Competitive Infringement.

Appears in 3 contracts

Samples: Collaboration and License Agreement (Kymera Therapeutics, Inc.), Collaboration and License Agreement (Kymera Therapeutics, Inc.), Collaboration and License Agreement (Kymera Therapeutics, Inc.)

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Duty to Notify of Competitive Infringement. During the Term, if If either Party learns of an infringement, unauthorized use, misappropriation misappropriation, threatened infringement, or threatened infringement a request for a compulsory license by a Third Party with respect to any Licensed Technology by reason of the making, using, offering to sell, selling, importing or other exploitation of a compound or product in the [***] (a “Competitive Infringement”), such Party will promptly notify the other Party in writing and will provide such other Party with available information regarding such Competitive Infringement.

Appears in 3 contracts

Samples: Strategic Collaboration and License Agreement (Entrada Therapeutics, Inc.), Strategic Collaboration and License Agreement (Entrada Therapeutics, Inc.), Strategic Collaboration and License Agreement (Entrada Therapeutics, Inc.)

Duty to Notify of Competitive Infringement. During the Term, if If either Party learns of an infringement, unauthorized use, misappropriation or threatened infringement by a Third Party with respect to [***] any Regulus Patent in the Field, by reason of the Development, Manufacture, use or Commercialization in the Field of a product that contains or consists of a xxXXX Compound as an active ingredient that is substantially identical in structure, sequence or composition to SPC-3649 (a “Competitive Infringement”), such Party will shall promptly notify the other Party in writing and will shall provide such other Party with available information regarding evidence of such Competitive Infringement.

Appears in 3 contracts

Samples: Exclusive License and Nonexclusive Option Agreement, Exclusive License and Nonexclusive Option Agreement (Regulus Therapeutics Inc.), Exclusive License and Nonexclusive Option Agreement (Isis Pharmaceuticals Inc)

Duty to Notify of Competitive Infringement. During the Term, if If either Party learns of an infringement, unauthorized use, misappropriation misappropriation, threatened infringement, or threatened infringement a request for a compulsory license by a Third Party with respect to any XXXX Technology by reason of the making, using, offering to sell, selling, importing or other exploitation of a compound or product in the [***] (a “Competitive Infringement”), such Party will promptly notify the other Party in writing and will provide such other Party with available information regarding such Competitive Infringement.

Appears in 2 contracts

Samples: Sublicense Agreement (Entrada Therapeutics, Inc.), Sublicense Agreement (Entrada Therapeutics, Inc.)

Duty to Notify of Competitive Infringement. During the Term, if If either Party learns of an infringement, unauthorized use, misappropriation or threatened infringement of any Licensed Patent Rights by a Third Party with respect to [***] by reason of the research, development, manufacture, or commercialization of a product in the Field (a “Competitive Infringement”), such Party will promptly notify the other Party in writing and will provide such other Party with available information regarding evidence of such Competitive InfringementInfringement and the Parties will thereafter discuss in good faith the best course of action.

Appears in 2 contracts

Samples: Exclusive License and Collaboration Agreement, Exclusive License and Collaboration Agreement (Audentes Therapeutics, Inc.)

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Duty to Notify of Competitive Infringement. During the Term, if either If any Party learns of an infringement, unauthorized use, misappropriation or threatened infringement or other such activity by a Third Party with respect to [***] the Aeroquin™ IP or Development IP (a “Competitive Infringement”), such Party will shall promptly notify the other Party in writing and will shall provide such other Party with available information regarding evidence of such Competitive Infringement.

Appears in 1 contract

Samples: Option Agreement (Aptalis Pharma Inc)

Duty to Notify of Competitive Infringement. During the Term, if If either Party learns of an infringement, unauthorized use, misappropriation misappropriation, threatened infringement, or threatened infringement a request for a compulsory license by a Third Party with respect to any OSIF Technology by reason of the making, usixx, offering to sell, selling, importing or other exploitation of a compound or product in the [***] (a “Competitive Infringement”), such Party will promptly notify the other Party in writing and will provide such other Party with available information regarding such Competitive Infringement.

Appears in 1 contract

Samples: Sublicense Agreement (Entrada Therapeutics, Inc.)

Duty to Notify of Competitive Infringement. During the Term, if either Party learns of an infringement, unauthorized use, misappropriation or threatened infringement by a Third Party with respect to [***] any Licensed Technology by reason of the making, using, offering to sell, selling or importing of an ETB (or pharmaceutical product containing an ETB) directed against a Collaboration Target or Vertex Target in the Field in the Territory (a “Competitive Infringement”), such Party will promptly notify the other Party in writing and will provide such other Party with all available information regarding such Competitive Infringement.

Appears in 1 contract

Samples: Master Collaboration Agreement (Molecular Templates, Inc.)

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