INFRINGEMENT OF THIRD PARTIES. RIGHTS BY GTX. GTX shall, at its sole discretion, direct or defend in its own name and at GTX's own expense in the GTX Territory any legal or other action or proceeding, including any settlement or negotiation, with respect to any alleged infringement of a Third Party patent, trademark or other proprietary right as a result of GTX's, its Affiliates', or GTX Unaffiliated Sublicensees' making, having made, importing, marketing, distributing, using or selling the Product in GTX Territory for use in the Field, excluding actions and proceedings covered by Section 12.4.
INFRINGEMENT OF THIRD PARTIES intellectual property rights
INFRINGEMENT OF THIRD PARTIES. 10.1 MDS AT shall have the right to bring an action for infringement of the Licensed IP against alleged infringers. DVS shall cooperate in any such action and agrees to be named as a plaintiff if MDS AT so requests.
10.2 If DVS’s exercise of their rights under this license infringes or is alleged or suspected to infringe on the intellectual property rights of an arm’s-length third party, then DVS shall so advise MDS AT, and DVS may:
(i) determine that DVS’s practice of its rights under this Agreement does not infringe the third party’s intellectual property rights, or
(ii) attempt to modify the products or processes which DVS is practicing under this Agreement to render them non-infringing, or
(iii) obtain a license from the third party at DVS’s cost, or
(iv) terminate the licenses granted in Section 2.1 and 2.2.
INFRINGEMENT OF THIRD PARTIES. 10.1 MDS AT shall have the right to bring an action for infringement of the Licensed IP against alleged infringers. [*****]
10.2 If DVS’s exercise of their rights under this license infringes or is alleged or suspected to infringe on the intellectual property rights of an arm’s-length third party, then DVS shall so advise MDS AT, and DVS may:
(i) determine that [*****] does not infringe the third party’s intellectual property rights, or
(ii) attempt [*****], or
(iii) obtain a license [*****], or
(iv) [*****].
INFRINGEMENT OF THIRD PARTIES. COMPLIANCE WITH ALL LAWS MANUFACTURER represents and warrants that the products do not infringe upon any Patents, Trademarks, or Copyrights in the U.S. or elsewhere, of third parties ("third party rights") MANUFACTURER shall defend, indemnify and hold harmless SODAK from claims, demands, liabilities, actions and expenses associated with MANUFACTURER'S defense thereof, (or SODAK's defense thereof in the event MANUFACTURER does not assume such defense) that may be brought against SODAK, but only to the extent that the same may be brought against SODAK, but only to the extent that the same allege the products infringe third party rights and further provided MANUFACTURER is given prompt notice of such claim by SODAK upon SODAK's learning of the claim and is permitted to control the defense settlement of the legal action.
INFRINGEMENT OF THIRD PARTIES. For a period of one year following the Transition Date, Nycomed shall notify TMC should it become aware that the manufacture, use, sale, offering for sale or import of the Product infringes any patents, patent rights, patent applications, inventions, trademarks, service marks or tradenames, copyrights, confidential information, trade secrets or any other proprietary rights or processes of any third party; and
INFRINGEMENT OF THIRD PARTIES. Notify GPI should it become aware of the Product infringing any patents, patent rights, patent applications, inventions, trademarks, service marks or tradenames, copyrights, confidential information, trade secrets or any other proprietary rights or processes of any other Person; and
INFRINGEMENT OF THIRD PARTIES
