Common use of GENVEC Clause in Contracts

GENVEC. In the event Scios fails to initiate or defend any Action involving the Patent Rights within * days of receiving notice of any alleged infringement with respect to which one or more third parties has made sales of allegedly infringing products of at least * or an aggregate of at least *, GenVec shall have the right, but not the obligation, to initiate such an Action, at its expense; provided, GenVec may not enter into any settlement which admits that any of the Patent Rights are invalid or unenforceable. Any amounts recovered from third parties in any such Action shall be used first to reimburse GenVec for its costs and expenses associated with such Action (including, without limitation, attorneys' and experts' fees) and the remainder shall be divided by the parties with GenVec receiving * of such remainder and Scios receiving *

GENVEC. In the event Scios fails to initiate or defend any ------ Action involving the Patent Rights within * days of receiving notice of any alleged infringement with respect to which one or more third parties has made sales of allegedly infringing products of at least * or an aggregate of at least *, GenVec shall have the right, but not the obligation, to initiate such an Action, at its expense; provided, GenVec may not enter into any settlement which admits that any of the Patent Rights are invalid or unenforceable. Any amounts recovered from third parties in any such Action shall be used first to reimburse GenVec for its costs and expenses associated with such Action (including, without limitation, attorneys' and experts' fees) and the remainder shall be divided by the parties with GenVec receiving * of such remainder and Scios receiving *