Common use of Infringement of Third Party Patents Clause in Contracts

Infringement of Third Party Patents. In the event that a Third Party files an action against a Party alleging that such Party’s activities under this Agreement infringe such Third Party’s patent rights, such Party shall give written notice to the other Party, and the Parties will consult and cooperate on the best course of action. The Party that was sued shall have the right to defend itself against such action, and the other Party shall provide all reasonable assistance in such defense at the requesting Party’s sole expense.

Appears in 3 contracts

Samples: License and Development Agreement (CymaBay Therapeutics, Inc.), License and Development Agreement (CymaBay Therapeutics, Inc.), License and Development Agreement (CymaBay Therapeutics, Inc.)

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Infringement of Third Party Patents. In the event that a Third Party files an action against a Party alleging that such Party’s activities under this Agreement infringe such Third Party’s patent rights, such Party shall give written notice to the other Party, and the Parties will consult and cooperate on the best course of action. The Party that was sued shall have the right to defend itself against such action, and the other Party shall provide all reasonable assistance in such defense at the requesting Party’s sole expensedefense.

Appears in 3 contracts

Samples: Assignment and Option Agreement (Horizon Pharma PLC), Assignment and Option Agreement (Vidara Therapeutics International LTD), License Agreement (Intermune Inc)

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Infringement of Third Party Patents. In the event that a Third Party files an action against a Party alleging that such Party’s 's activities under this Agreement infringe such Third Party’s 's patent rights, such Party shall give written notice to the other Party, and the Parties will shall consult and cooperate on the best course of action. The Party that was sued shall have the right to defend itself against such action, and the other Party shall provide all reasonable assistance in such defense at the requesting Party’s sole expense.defense

Appears in 1 contract

Samples: Development and Marketing Agreement (Intermune Pharmaceuticals Inc)

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