Enforcement Right Sample Clauses

Enforcement Right. Exelixis shall have the first right to bring and control any legal action in connection with such Product Infringement at its own expense as it reasonably determines appropriate. If Exelixis (i) decides not to bring such legal action against a Product Infringement (the decision of which Exelixis shall inform Licensee promptly) or (ii) Exelixis otherwise fails to bring such legal action against a Product Infringement within [ * ] of first becoming aware of such Product Infringement, Licensee shall have the right to bring and control any legal action in connection with such Product Infringement at its own expense as it reasonably determines appropriate after consultation with Exelixis.

Enforcement Right. As between the Parties: (i) G1 shall have the sole right, in its sole discretion, to bring and control any legal action to enforce (A) the G1 Patents (other than Product-Specific Patents) against any Infringement in the Territory and (B) the G1 Patents (including Product-Specific Patents) against any Infringement in the Field in the Territory that is not Product Infringement, in each case at its own expense as it determines appropriate, provided that G1, through the Patent Working Group, will provide Licensee with prompt notice of any such legal action, and reasonably consider Licensee’s comments with respect thereto. Licensee shall, (1) at G1’s expense, provide reasonable support for such enforcement action to G1 upon G1’s reasonable request; and (2) at Licensee’s expense, have the right, but not the obligation, to participate in such enforcement action at its sole option using counsel of its choosing. (ii) G1 shall have the first right, but not the obligation, to bring and control any legal action to enforce Product-Specific Patents against any Product Infringement in the Field in the Territory at its own expense as it determines appropriate; provided that G1 shall not agree to any settlement, consent to judgment or other voluntary final disposition in connection with such enforcement action without Licensee’s consent (such consent not to be unreasonably withheld, conditioned or delayed) if such settlement, consent to judgment or other voluntary final disposition would (1) result in the admission of any liability or fault on behalf of Licensee, its Affiliates or Sublicensees or (2) result in or impose any payment obligations on Licensee, its Affiliates or its Sublicensees (to the extent not agreed to be reimbursed or paid by G1), provided that G1 shall provide Licensee with reasonable prior written notice thereof and shall consider in good faith Licensee’s reasonable and timely comments regarding such proposed settlement. If G1 fails to bring such legal action or otherwise take reasonable steps to remedy such Product Infringement within [***] of becoming aware of such Product Infringement (or [***] of the receipt of a Notice of Paragraph IV Patent Certification as described in Section 12.3(b)), then Licensee shall have the right, but not the obligation, [***] (or such shorter period as is necessary under Applicable Law to bring or maintain such action), at Licensee’s expense, to institute legal action against such Product Infringement in the Field in the...

Enforcement Right. Licensee shall have the first right to bring and control any legal action in connection with any Infringement in the Licensee Territory at its own expense and as it reasonably determines appropriate. If Licensee decides not to enforce the Licensed Patents against such Infringement or does not bring such legal action or otherwise take commercially reasonable action to axxxx such Infringement before the earlier of: (i) sixty (60) days after the notice provided pursuant to Section 10.4(a) (Notification), or (ii) ten (10) Business Days before the time limit (if any) set forth in applicable Law for the filing of such legal action (provided that notice of infringement has been provided pursuant to Section 10.4(a) (Notification) prior to such time limit), then Licensor shall have the right to bring and control any legal action in connection with such Infringement in the Licensee Territory at its own expense as it reasonably determines appropriate.

Enforcement Right. Licensee shall have the first right to bring and control any legal action in connection with any Infringement in the Licensee Territory at its own expense and as it reasonably determines appropriate. If Licensee decides not to enforce the Licensed Patents against such Infringement, then Licensor shall have the right to bring and control any legal action in connection with such Infringement in the Licensee Territory at its own expense as it reasonably determines appropriate.

Enforcement Right. Ovid shall have the first right to use Ovid Commercially Reasonable Efforts to bring and control any legal action in connection with such Product Infringement at its own expense as it reasonably determines appropriate. If Ovid (i) decides not to bring such legal action against a Product Infringement (the decision of which Ovid shall inform Licensee promptly) or (ii) Ovid otherwise fails to bring such legal action against a Product Infringement within [***] after first becoming aware of such Product Infringement, subject to the terms of the Lundbeck License Agreement, Licensee shall have the right to bring and control any legal action in connection with such Product Infringement at its own expense as it reasonably determines appropriate after [***] Ovid.

Enforcement Right. Gemphire shall have the first right to bring and control any legal action in connection with such Product Infringement at its own expense as it reasonably determines appropriate. If Gemphire (i) decides not to bring such legal action against a Product Infringement (the decision of which Gemphire shall inform Beijing SL promptly) or (ii) otherwise fails to bring such legal action against a Product Infringement within ninety (90) days of first becoming aware of such Product Infringement, Beijing SL shall have the right to bring and control any legal action in connection with such Product Infringement at its own expense as it reasonably determines appropriate after consultation with Gemphire.

Enforcement Right. Notwithstanding the Standstill Agreement set forth above, during the Standstill Period, any Party may bring a claim solely for the purpose of enforcing the terms of this Agreement. Any such enforcement action shall be limited to seeking specific performance, injunctive relief, or declaratory judgment to compel compliance with the terms of this Agreement. No Party shall be precluded from defending against any such enforcement actions. The initiation of an enforcement action under this Section 5(d) shall not affect the tolling of other claims as described above, nor shall it constitute a waiver of any other rights or defenses under this Agreement.

Enforcement Right. Ahon shall have the first right to bring and control any legal action to enforce DiaMedica Patents, Ahon Patents or Collaboration Patents against any Product Infringement in the Field in the Territory at its own expense as it reasonably determines appropriate, and DiaMedica shall have the right to be represented in such action by counsel of its choice. If Ahon does not to bring such legal action within sixty (60) days after the notice provided pursuant to Section 12.3(a), DiaMedica shall have the right to bring and control any legal action in connection with such Product Infringement in the Territory at its own expense as it reasonably determines appropriate.

Enforcement Right. If and when an Enforcement Event has occurred and, in addition, the requirements set forth in Sec. 1273 para 2, 1204 et seq. BGB with regard to the enforcement of pledges are met (Pfandreife), the Collateral Agent may realize the Pledges (or any part thereof) by way of collecting the credit balances from the Bank Accounts, exercising any Ancillary Right or in any way permitted under German law, in any case notwithstanding Sec. 1277 BGB and without obtaining any enforceable judgment or other instrument (vollstreckbarer Titel).

Enforcement Right. As between the parties, Xxxxx (or a Third Party licensee or other Person, Xxxxx’x discretion) shall have the sole right to institute infringement suits under the Xxxxx Patents both inside and outside of the LMIC Field and inside and outside of the LMIC Territory, as well as the sole right to institute all other infringement suits and to take such other actions as not expressly granted to OpenBiome hereunder (including, for the avoidance of doubt, to enforce and defend the Xxxxx Patents). The total cost of any such infringement actions commenced or defended solely by Xxxxx shall be borne by Xxxxx, and Xxxxx shall keep any recovery or damages derived therefrom, whether compensatory for past infringement or punitive.