Enforcement Against Third Parties. If either Party reasonably believes that a THIRD PARTY is manufacturing, selling or using COMPOUND or PRODUCT, or any OTHER COMPOUND or OTHER PRODUCT, or is otherwise infringing PATENT RIGHTS controlled by AVENTIS or GENTA that cover COMPOUND or PRODUCT, or any OTHER COMPOUND or OTHER PRODUCT, such Party shall promptly notify the other Party hereto. Promptly after such notice, the Parties shall meet to discuss the course of action to be taken with respect thereto, including an enforcement action relating to infringement of the GENTA PATENT RIGHTS or the GENTA TECHNOLOGY, and, as appropriate, may enter into a joint litigation agreement covering the control thereof and the Parties shall share equally in all costs and recoveries. Neither Party shall initiate an infringement suit against such THIRD PARTY with respect to said activities except as the Parties shall mutually agree, such agreement not to be unreasonably withheld. Moreover, any settlement or other similar agreement under which such THIRD PARTY is granted rights under the GENTA PATENT RIGHTS or the GENTA TECHNOLOGY shall not be inconsistent with the rights granted to AVENTIS hereunder or under the U.S. Commercialization Agreement or the Global Supply Agreement.
Enforcement Against Third Parties. A. In the event that Reduct or Licensee becomes aware of actual or threatened infringement of any Reduct Intellectual Property or Trademark, it will promptly notify the other party in writing. Reduct will have the first right but not the obligation to bring, at its own expense, an enforcement action against any third party. If Reduct does not commence a particular enforcement action within 90 days, Licensee, after notifying Reduct in writing, will be entitled to bring the enforcement action at its own expense and to use Reduct’s name in connection therewith, and Reduct will cooperate with Licensee and take such actions as are reasonably necessary for Licensee to bring and prosecute the enforcement action, at Licensee’s expense. During the Term, no settlement of an action will be made by Reduct or Licensee without the prior written consent of the other party if such settlement would adversely affect the rights of the other party, such consent not to be unreasonably withheld, conditioned or delayed. In any event, Reduct and Licensee will assist one another and cooperate in any such litigation at the other’s reasonable request at the expense of the requesting party, and, if a party is necessary in order to institute or maintain an infringement suit by the other party as defined by law, that party will join such suit and may, in its discretion, be represented by its own counsel at its own expense.
B. Reduct and Licensee have the right to recover their respective actual out-of-pocket expenses, or proportionate share thereof, in connection with any litigation or settlement thereof from any recovery made by the other party. Any excess amount will be shared between Reduct and Licensee in an amount proportional to their respective expenses.
C. The parties will keep one another reasonably informed of the status of their respective activities regarding any such litigation or settlement thereof.
Enforcement Against Third Parties. Absent written agreement of the Parties to the contrary, the Party [***] shall have the sole and exclusive right (in its sole discretion) but not [***] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. the obligation to initiate and maintain legal action at such Party’s sole expense against any such infringing Third Party. The Party enforcing such Intellectual Property rights shall [***] and shall have [***].
Enforcement Against Third Parties. Te Uri o Hau Governance Entity agrees that subject to the terms of this Deed, the provisions of section 93 to 105 of the Act shall apply to the Land as if it were a scenic reserve.
Enforcement Against Third Parties. IntelliGene agrees to promptly notify RPI of known conduct by any third party which may constitute in the Field a direct or contributory infringement or the inducement of infringement of RPI's patent or other rights in or to the RPI Technology or otherwise constituting a violation of any of the RPI Technology. RPI shall have 180 days after it becomes aware of such infringement within which to cause such third party to cease its infringement or bring legal action aimed at causing the third party to cease such infringement. If such infringement is not terminated within such 180-day period or a legal action is not initiated by the party having such rights, then IntelliGene shall have the right but not the obligation to initiate legal action to protect its rights under the licenses granted by RPI under this Agreement. Each party shall have the right to join or intervene in any action initiated by the other. If the non-initiating party does not join or intervene in any action brought, the initiating party shall pay all costs of bringing and prosecuting the action and shall be entitled to keep all damages and other amounts recovered. In such case, the non-initiating party agrees to cooperate with the initiating party to the extent necessary provided the initiating party pays the non-initiating party's reasonable expenses and costs. If the non-initiating party joins or intervenes in the legal action, all damages and other amounts recovered shall be first used to pay each party's costs and expenses of bringing and prosecuting the legal action and the remainder shall be split evenly by the parties. If, in such case, the amount recovered is not sufficient to reimburse each party for its costs and expenses of bringing and prosecuting such legal action, the parties will split such amount pro rata based upon each party's total costs and expenses.
Enforcement Against Third Parties. 13.2.1 Each Party shall promptly notify the other Party in writing of any alleged or threatened infringement of any Aquestive Patent of which they become aware (a “Competitive Infringement”).
13.2.2 In each such instance of Competitive Infringement of any Aquestive Patent, Aquestive shall have the right, but not the obligation, in its own name and under its own direction
(i) Pharmanovia will have the right, but not the obligation, including conducting infringement proceedings and settlement negotiations in its own and Aquestive’s name, to commence such a suit or take such an action or defend against such Competitive Infringement in the Territory at Pharmanovia’s cost and expense, to be represented in any such suit by counsel of its own choice and (ii) if Pharmanovia exercises its right under the foregoing clause (i), Aquestive will take all reasonable and appropriate actions in order to permit Pharmanovia to commence a suit or take the actions with respect to the Competitive Infringement. Neither Party will enter into any settlement, consent judgment or other voluntary final disposition of any action under this Section 13.2 without the other Party’s prior written consent, which consent will not be unreasonably withheld, delayed, or conditioned unless the settlement includes any express or implied admission of liability or wrongdoing on either Party’s part, in which case the right to grant or deny consent is absolute and at its sole discretion.
13.2.3 Each Party shall reasonably assist the Party enforcing any such rights under this Section 13.2 in any such action or proceeding if so requested by the enforcing Party, and will be named in or join such action or proceeding if requested by the enforcing Party, and will reasonably cooperate with the enforcing Party in such participation (including providing copies of all prior claim construction submissions and supporting documents subject to confidentiality provisions as required); provided, that if Aquestive is the enforcing Party, the reasonable, out-of- pocket costs and expenses of Pharmanovia in connection therewith, including any Aquestive- approved investigation and analysis thereof, is to be reimbursed to Pharmanovia on an as-incurred basis. The enforcing Party shall keep such other Party and/or its designated legal counsel reasonably informed as to the progress in connection with the foregoing Competitive Infringement (including any settlement discussions), and will reasonably consider the other Party’s...
Enforcement Against Third Parties. [***] INDICATES MATERIAL THAT HAS BEEN OMITTED AND FOR WHICH CONFIDENTIAL TREATMENT HAS BEEN REQUESTED. ALL SUCH OMITTED MATERIAL HAS BEEN FILED WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24b-2 PROMULGATED UNDER THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED.
Enforcement Against Third Parties. 13.4.1 [***] ***Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions. [***] ***Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions.
Enforcement Against Third Parties. Licensee shall use its best efforts based on the advice of counsel to prevent third parties from infringing the Bitwise Authentidate Technology in the Territory, at Licensee's cost. Such efforts include taking legal action if a settlement cannot be negotiated to stop third party infringement. Such efforts shall be at Licensee's own expense and Licensee shall receive any compensation or payment for damages by third party infringers. If either Authentidate or Licensee obtain knowledge of potential third party infringement in the Territory, the other Party shall be promptly notified of such potential third party infringement.
Enforcement Against Third Parties. If either Party reasonably believes that a THIRD PARTY is manufacturing, selling or using COMPOUND or PRODUCT, or any OTHER COMPOUND or OTHER PRODUCT, or is otherwise infringing PATENT RIGHTS controlled by AVENTIS or GENTA that cover COMPOUND or PRODUCT, or any OTHER COMPOUND or OTHER PRODUCT, such Party shall promptly notify the other Party hereto. Promptly after such notice, the Parties shall meet to discuss the course of action to be taken with respect thereto, including an enforcement action relating to infringement of the GENTA PATENT RIGHTS or the GENTA TECHNOLOGY, and, as appropriate, may enter into a joint litigation agreement covering the control thereof and the Parties shall share equally in all costs and recoveries. Neither Party shall initiate an infringement suit against such THIRD PARTY with respect to said activities except as the Parties shall mutually agree, such ----------
