Common use of INFRINGEMENT OF THIRD PARTY RIGHTS; ALS DEFENSE OF SUIT Clause in Contracts

INFRINGEMENT OF THIRD PARTY RIGHTS; ALS DEFENSE OF SUIT. If Abbott, its Affiliates, ALS, its Affiliates, sublicensees, distributors or other customers are sued or threatened with suit by a third party alleging infringement in one or more countries of the Territory of such party's patents or other intellectual property rights that are alleged to cover the manufacture, use, sale, import. export or distribution of one or more Products, Abbott or ALS, whichever is applicable, will promptly notify the other in writing and provide a copy of the lawsuit or claim. The party being sued or threatened with suit shall control the defense in any such claim or suit. Such party shall have the right to settle any such suit, including the right to grant one or more sublicenses with the other party's prior written approval, which approval shall not unreasonably be withheld, provided that ALS shall not otherwise have the right to surrender, limit or adversely affect any rights to the Patents. ABBOTT MAKES NO WARRANTIES AND SPECIFICALLY DISCLAIMS ANY WARRANTIES REGARDING THE NON-INFRINGEMENT BY THE PRODUCTS OF THIRD PARTY RIGHTS.

INFRINGEMENT OF THIRD PARTY RIGHTS; ALS DEFENSE OF SUIT. If Abbott, its Affiliates, ALS, its Affiliates, sublicensees, distributors or other customers are sued or threatened with suit by a third party alleging infringement in one or more countries of the Territory of such party's ’s patents or other intellectual property rights that are alleged to cover the manufacture, use, sale, import. export or distribution of one or more Products, Abbott or ALS, whichever is applicable, will promptly notify the other in writing and provide a copy of the lawsuit or claim. The party being sued or threatened with suit shall control the defense in any such claim or suit. Such party shall have the right to settle any such suit, including the right to grant one or more sublicenses with the other party's ’s prior written approval, which approval shall not unreasonably be withheld, provided that ALS shall not otherwise have the right to surrender, limit or adversely affect any rights to the Patents. ABBOTT MAKES NO WARRANTIES AND SPECIFICALLY DISCLAIMS ANY WARRANTIES REGARDING THE NON-INFRINGEMENT BY THE PRODUCTS OF THIRD PARTY RIGHTS.