Common use of Infringement of Third Party Patents Clause in Contracts

Infringement of Third Party Patents. Each of the Parties shall promptly, but in any event no later than ten (10) days after receipt of notice thereof, notify the other Party in writing in the event of any claims by a Third Party of alleged patent infringement by Pfizer or Auxilium or any of their respective Affiliates or sublicensees with respect to the research, development, manufacture, use, sale, offer for sale or importation of a Product (each, an “Infringement Claim”). With respect to any Infringement Claim in the Field in the Territory, the Parties shall attempt to negotiate in good faith a resolution with respect thereto. If the Parties cannot settle such Infringement Claim with the appropriate Third Parties within thirty (30) days after the receipt of the notice pursuant to this Section 9.4.1, then the following shall apply:

Infringement of Third Party Patents. Each of the Parties shall promptly, but in any event no later than ten thirty (1030) days after receipt of notice thereof, notify the other Party in writing in the event of any claims by a Third Party of alleged patent infringement by Pfizer Kaken or Auxilium Brickell or any of their respective Affiliates or sublicensees with respect to the , research, development, manufacture, use, sale, offer for sale or importation of a Product (each, an “Infringement Claim”). [***]. With respect to any Infringement Claim in the Field in the Territory, the Parties shall attempt to negotiate in good faith a resolution with respect thereto. If the Parties cannot settle such Infringement Claim with the appropriate Third Parties within thirty (30) days after the receipt of the notice pursuant to this Section 9.4.1, then the following shall apply:

Infringement of Third Party Patents. Each of the Parties shall promptly, but in any event no later than ten [***] (10[***]) days after receipt of notice thereof, notify the other Party in writing in the event of any claims by a Third Party of alleged patent infringement by Pfizer Aimmune or Auxilium or any of their respective Affiliates or sublicensees the other Aimmune Agreement Entities with respect to the research, development, manufacture, use, sale, offer for sale or importation of a the Antibody or Product (each, an “Infringement Claim”). With respect to any Infringement Claim in the Field in the TerritoryClaim, the Parties shall attempt to negotiate in good faith a resolution with respect thereto. If the Parties cannot settle such Infringement Claim with the appropriate Third Parties within thirty [***] (30[***]) days after the receipt of the notice pursuant to this Section 9.4.1, then the following shall apply: