Enforcement of Final Product IPR. (a) KRYPTON, at its sole expense, shall have the right, but not the obligation, (i) to determine the appropriate course of action to enforce, or otherwise abate the infringement of, or defend third-party axxxxxs regarding, Final Product IPR, (ii) to take, or refrain from taking, appropriate action to enforce, or defend third-party actions regarding, Final Product IPR, (iii) to control any litigation or other enforcement action regarding Final Product IPR, and (iv) to enter into, or permit, the settlement of any such litigation or other enforcement action regarding Final Product IPR. Notwithstanding anything contained in the preceding sentence, KRYPTON shall not settle any suit or action or otherwise consent to an adverse judgment in such suit or action without the prior written consent of GENTA JAGO, which consent shall not be withheld unreasonably. KRYPTON shall keep GENTA JAGO informed on a regular basis on its taking or refraining from taking, and the development of, any of the foregoing actions, and shall consider, in good faith, the interests of GENTA JAGO under this Agreement and in GENTA JAGO IPR, when taking any of the foregoing actions.
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Samples: Sub License Agreement Verapamil (Genta Incorporated /De/), Sub License Agreement (Genta Incorporated /De/)
Enforcement of Final Product IPR. (a) KRYPTON, at its sole expense, shall have the right, but not the obligation, (i) to determine the appropriate course of action to enforce, or otherwise abate the infringement of, or defend third-party axxxxxs xxxxxns regarding, Final Product IPR, (ii) to take, or refrain from taking, appropriate action to enforce, or defend third-party actions regarding, Final Product IPR, (iii) to control any litigation or other enforcement action regarding Final Product IPR, and (iv) to enter into, or permit, the settlement of any such litigation or other enforcement action regarding Final Product IPR. Notwithstanding anything contained in the preceding sentence, KRYPTON shall not settle any suit or action or otherwise consent to an adverse judgment in such suit or action without the prior written consent of GENTA JAGO, which consent shall not be withheld unreasonably. KRYPTON shall keep GENTA JAGO informed on a regular basis on its taking or refraining from taking, and the development of, any of the foregoing actions, and shall consider, in good faith, the interests of GENTA JAGO under this Agreement and in GENTA JAGO IPR, when taking any of the foregoing actions.
Appears in 2 contracts
Samples: Sub License Agreement (Genta Incorporated /De/), Sub License Agreement (Genta Incorporated /De/)
Enforcement of Final Product IPR. (a) KRYPTON, at its sole expense, shall have the right, but not the obligation, (i) to determine the appropriate course of action to enforce, or otherwise abate the infringement of, or defend third-party axxxxxs xxxxxns regarding, Final Product IPR, (ii) to take, or refrain from taking, appropriate action to enforce, or defend third-third- party actions regarding, Final Product IPR, (iii) to control any litigation or other enforcement action regarding Final Product IPR, and (iv) to enter into, or permit, the settlement of any such litigation or other enforcement action regarding Final Product IPR. Notwithstanding anything contained in the preceding sentence, KRYPTON shall not settle any suit or action or otherwise consent to an adverse judgment in such suit or action without the prior written consent of GENTA JAGO, which consent shall not be withheld unreasonably. KRYPTON shall keep GENTA JAGO informed on a regular basis on its taking or refraining from taking, and the development of, any of the foregoing actions, and shall consider, in good faith, the interests of GENTA JAGO under this Agreement and in GENTA JAGO IPR, when taking any of the foregoing actions.
Appears in 1 contract
Samples: Sub License Agreement Diclofenac (Genta Incorporated /De/)
Enforcement of Final Product IPR. (a) KRYPTON, at its sole expense, shall have the right, but not the obligation, (i) to determine the appropriate course of action to enforce, or otherwise abate the infringement of, or defend third-party axxxxxs regardingactions xxxxxding, Final Product IPR, (ii) to take, or refrain from taking, appropriate action to enforce, or defend third-party actions regarding, Final Product IPR, (iii) to control any litigation or other enforcement action regarding Final Product IPR, and (iv) to enter into, or permit, the settlement of any such litigation or other enforcement action regarding Final Product IPR. Notwithstanding anything contained in the preceding sentence, KRYPTON shall not settle any suit or action or otherwise consent to an adverse judgment in such suit or action without the prior written consent of GENTA JAGO, which consent shall not be withheld unreasonably. KRYPTON shall keep GENTA JAGO informed on a regular basis on its taking or refraining from taking, and the development of, any of the foregoing actions, and shall consider, in good faith, the interests of GENTA JAGO under this Agreement and in GENTA JAGO IPR, when taking any of the foregoing actions.
Appears in 1 contract