Common use of Guidance Note for clause 10 Clause in Contracts

Guidance Note for clause 10. 1: This clause requires a party that becomes aware of one of the relevant circumstances to promptly notify the other party. Each of these circumstances relates to third party actions that potentially infringe the Licensed IPR, or challenge the Licensor or Licensee's rights to the Licensed IPR. Notice of infringement Each party must give the other prompt written notice if it becomes aware of a third party: (a) infringing or threatening to infringe the Licensed IPR, including where a third party is Commercialising or threatening to Commercialise technology that falls within the scope of a Claim; (b) challenging the validity of the Licensed IPR; (c) using or disclosing, or threatening to use or disclose Confidential Information relating to the Licensed IPR, or any other Confidential Information, in a way that impacts on the other party's rights under this Agreement; or (d) taking action or threatening to take action on the basis that the Licensed IPR or a Product infringes the rights of the third party.