Common use of Infringement of Third Party Patents - Course of Action Clause in Contracts

Infringement of Third Party Patents - Course of Action. If the making, having made, importing, exporting, using, distributing, marketing, promoting, offering for sale or selling any Compound and/or Product in the Field, under this Agreement, is alleged by a Third Party to infringe a Third Party's patent, the Party becoming aware of such allegation shall promptly notify the other Party. Additionally, if either Party determines that, based upon the review of a Third Party's patent or patent application, it may be desirable to obtain a license from such Third Party with respect thereto so as to avoid any potential suit between either Party and such Third Party, such Party shall promptly notify the other Party of such determination.

Infringement of Third Party Patents - Course of Action. If the making, having made, importing, exporting, importing using, distributing, marketing, promoting, offering for sale or selling any Compound and/or Product in the Field, under this Agreement, is alleged by a Third Party to infringe a Third Party's ’s patent, the Party becoming aware of such allegation shall promptly notify the other Party. Additionally, if either Party determines that, based upon the review of a Third Party's ’s patent or patent applicationapplication or other intellectual property rights, it may be desirable to obtain a license from such Third Party with respect thereto so as to avoid any potential suit between either Party and such Third Party, such Party shall promptly notify the other Party of such determination.

Infringement of Third Party Patents - Course of Action. If the making, having made, importing, exporting, using, distributing, marketing, promoting, offering for sale or selling of any Compound and/or Product in the Field, under this Agreement, ** is alleged by a Third Party to infringe a Third Party's ’s patent, the Party becoming aware of such allegation shall will promptly notify the other Party. Additionally, if either Party determines that, based upon the review of a Third Party's ’s patent or patent applicationapplication or other intellectual property rights, it may be desirable to obtain a license from such Third Party with respect thereto so as to avoid any potential suit between either Party and such Third Partythereto, such Party shall will promptly notify the other Party of such determination.