Common use of First Right to Respond Clause in Contracts

First Right to Respond. Each of Dyax and Genzyme shall have the first right to respond to or defend (in consultation with the Steering Committee) against such challenge or infringement of the Patent Rights for which it is responsible pursuant to Section 9.2 above or charge of infringement. Such right shall be exercised in a diligent and timely manner in order to protect the rights of the Parties in the Patent Rights. In the event such Party elects to so respond or defend, the other Party will cooperate with the responding Party's legal counsel, join in such suits as may be brought by the responding Party to enforce its Patent Rights, and be available at the responding Party's reasonable request to be an expert witness or otherwise to assist in such proceedings.

First Right to Respond. Each of Dyax and Genzyme shall have the first right to respond to or defend (in consultation with the Steering Committee) against such challenge or infringement of the Patent Rights for which it is responsible pursuant to Section 9.2 above or charge of infringement. Such right shall be exercised in a diligent and timely manner in order to protect the rights of the Parties in the Patent Rights. In the event such Party elects to so respond or defend, the other Party will cooperate with the responding Party's legal counsel, join in such suits as may be brought by the responding Party to enforce its Patent Rights, and be available at the responding Party's reasonable request to be an expert witness or otherwise to assist in such proceedings. Confidential material omitted and filed separately with the Securities and Exchange Commission. Asterisks denote such omissions.