Common use of Enforcement in the Territory Clause in Contracts

Enforcement in the Territory. Schering shall have the right but not ---------------------------- the obligation to institute, prosecute and control at its own expense any action or proceeding with respect to infringement of any 3DP Patents or Joint Patents covering the research, manufacture, use, importation, sale or offer for sale of Licensed Compounds or Licensed Products in the Field, by counsel of its own choice. 3DP shall have the right, at its own expense, to be represented in any action by counsel of its own choice. If Schering fails to bring such an action or proceeding or otherwise take appropriate action to xxxxx such infringement within a period of one hundred eighty (180) days of notice by 3DP to Schering requesting action, 3DP will have the right but not the obligation to bring and control any such action or proceeding relating to 3DP Patents by counsel of its own choice and Schering will have the right to be represented in any such action by counsel of its own choice and at its own expense. If one Party brings any such action or proceeding, the other Party agrees to be joined as a party plaintiff if necessary to prosecute the action or proceeding and to give the first Party commercially reasonable assistance and authority to file and prosecute the suit. Any damages or other monetary awards recovered pursuant to this Section 7.5(b) shall be allocated first to the reasonable costs and expenses of the Party bringing suit, then to the reasonable costs and expenses, if any, of the other Party. In the event that Schering brings such action, any amounts remaining shall be distributed as follows: compensatory damages shall be treated as Net Sales in the country and calendar quarter received and punitive and exemplary damages shall be paid equally to Schering and 3DP. In the event that 3DP brings such action, any damages or other monetary awards recovered shall be divided equally between the Parties.

Enforcement in the Territory. Subject to the next sentence, Techniclone shall be obligated, at its own expense, to defend Techniclone Patents and Schering shall be obligated, at its own expense, to defend Joint Patents in the Territory. Schering shall have the right right, but not ---------------------------- the obligation obligation, to institute, prosecute and control at its own expense any action or proceeding with respect to infringement of any 3DP Patents Techniclone Patents, or Joint Patents covering the research, manufacture, use, importation, sale or offer for sale of Licensed Compounds the Product being developed or Licensed Products marketed in the FieldTerritory, by counsel of its own choice. 3DP Techniclone shall have the right, at its own expense, to be represented in any action by counsel of its own choice. If Schering fails to bring such an action or proceeding or otherwise take appropriate action to xxxxx such infringement within a period of one hundred eighty (180) days of notice by 3DP Techniclone to Schering requesting action, 3DP Techniclone will have the right but not the obligation to bring and control any such action or proceeding relating to 3DP Techniclone Patents by counsel of its own choice and Schering will have the right to be represented in any such action by counsel of its own choice and at its own expense. If one Party brings any such action or proceeding, the other Party agrees to be joined as a party plaintiff if necessary to prosecute the action or proceeding and to give the first Party commercially reasonable assistance and authority to file and prosecute the suit. Any damages or other monetary awards recovered pursuant to this Section 7.5(b9.05(b) shall be allocated first to the reasonable costs and expenses of the Party bringing suit, then to the reasonable costs and expenses, if any, of the other Party. In the event that Schering brings such action, any amounts remaining shall be distributed as follows: compensatory damages shall be treated as Net Sales in the country and calendar quarter received and punitive and exemplary damages shall be paid equally to Schering and 3DPTechniclone. In the event that 3DP Techniclone brings such action, [...***...] of any damages or other monetary awards recovered amounts remaining shall be divided equally between payable to Techniclone and the Partiesremaining [...***...] payable to Schering.

Enforcement in the Territory. Subject to the next sentence, Praecis shall have the right, at its own expense, to enforce Praecis Patents in the Territory. Schering shall have the right right, but not ---------------------------- the obligation obligation, to institute, prosecute and control at its own expense any action or proceeding with respect to infringement of any 3DP Patents or Joint Praecis Patents covering solely the research, manufacture, use, importation, sale or offer for sale of Licensed Compounds the Product being developed or Licensed Products marketed in the FieldTerritory that is within the scope of the Licensed Activities, by counsel of its own choice, subject to Praecis’ consent to the bringing of such action or proceeding, such consent not to be unreasonably withheld. 3DP Praecis shall have the right, at its own expense, to be represented in any such action by counsel of its own choice. If Schering fails to bring such an action or proceeding or otherwise take appropriate action to xxxxx such infringement within a period of one hundred eighty (180) days of notice by 3DP Praecis to Schering requesting action, 3DP or such shorter time period if material rights otherwise would be waived or lost, Praecis will have the right but not the obligation to bring and control any such action or proceeding relating to 3DP Praecis Patents by counsel of its own choice and Schering will have the right to be represented in any such action by counsel of its own choice and at its own expense. If one Party brings any such action or proceeding, the other Party agrees to be joined as a party plaintiff if necessary to prosecute the action or proceeding and to give the first Party commercially reasonable assistance and authority to file and prosecute the suit. Any damages or other monetary awards recovered pursuant to this Section 7.5(b13.3(b) shall be allocated first to the reasonable costs and expenses of the Party bringing suit, then to the reasonable costs and expenses, if any, of the other Party. In the event that Schering brings such action, any amounts remaining shall be distributed as follows: compensatory damages shall be treated as Net Sales in the country and calendar quarter received and punitive and exemplary damages shall be paid equally to Schering and 3DP. In the event that 3DP brings such action, any damages or other monetary awards recovered shall be divided equally between the Parties.[*]

Enforcement in the Territory. Subject to the next sentence, Techniclone shall be obligated, at its own expense, to defend Techniclone Patents and Schering shall be obligated, at its own expense, to defend Joint Patents in the Territory. Schering shall have the right right, but not ---------------------------- the obligation obligation, to institute, prosecute and control at its own expense any action or proceeding with respect to infringement of any 3DP Patents Techniclone Patents, or Joint Patents covering the research, manufacture, use, importation, sale or offer for sale of Licensed Compounds the Product being developed or Licensed Products marketed in the FieldTerritory, by counsel of its own choice. 3DP Techniclone shall have the right, at its own expense, to be represented in any action by counsel of its own choice. If Schering fails to bring such an action or proceeding or otherwise take appropriate action to xxxxx such infringement within a period of one hundred eighty (180) days of notice by 3DP Techniclone to Schering requesting action, 3DP Techniclone will have the right but not the obligation to bring and control any such action or proceeding relating to 3DP Techniclone Patents by counsel of its own choice and Schering will have the right to be represented in any such action by counsel of its own choice and at its own expense. If one Party brings any such action or proceeding, the other Party agrees to be joined as a party plaintiff if necessary to prosecute the action or proceeding and to give the first Party commercially reasonable assistance and authority to file and prosecute the suit. Any damages or other monetary awards recovered pursuant to this Section 7.5(b9.05(b) shall be allocated first to the reasonable costs and expenses of the Party bringing suit, then to the reasonable costs and expenses, if any, of the other Party. In the event that Schering brings such action, any amounts remaining shall be distributed as follows: compensatory damages shall be treated as Net Sales in the country and calendar quarter received and punitive and exemplary damages shall be paid equally to Schering and 3DPTechniclone. In the event that 3DP Techniclone brings such action, sixty percent (60%) of any damages or other monetary awards recovered amounts remaining shall be divided equally between payable to Techniclone and the Partiesremaining forty percent (40%) payable to Schering.