Common use of Infringement of Third Party Rights Clause in Contracts

Infringement of Third Party Rights. In the event that a third party at any time provides notice to, or commences an action, suit or proceeding against, a party or such party's Affiliates, sub licensees or distributors, claiming infringement of the third party's patent rights or copyrights or unauthorized use or misappropriation of its technology, based upon an assertion or claim arising out of the making, having made, using, offering for sale, selling or importing of a Product, such party shall promptly notify the other party, and (i) neither party may settle such claim or action without the consent of the other party; (ii) the parties shall also discuss how the expenses and any recoveries from such action should be treated; and (iii) if the parties do not reach agreement, InNexus shall make the final decision at its own discretion and expense.

Infringement of Third Party Rights. In the event that a third party at any time provides notice to, or commences an action, suit or proceeding against, a party or such party's Affiliates, sub licensees or distributors, claiming infringement of the third party's patent rights or copyrights or unauthorized use or misappropriation of its technology, based upon an assertion or claim arising out of the making, having made, using, offering for sale, selling or importing of a Product, such party shall promptly notify the other party, and (i) neither . Neither party may settle such claim or action without the consent of the other party; (ii) the . The parties shall also discuss how the expenses and any recoveries from such action should be treated; and (iii) if . If the parties do not reach agreement, InNexus CORIXA shall make the final decision at its own discretion and expenseexpenses.

Infringement of Third Party Rights. In the event that a third party at any time provides notice to, or commences an action, suit or proceeding against, a party or such party's Affiliates, sub licensees sublicensees or distributors, claiming infringement of the third party's patent rights or copyrights or unauthorized use or misappropriation of its technology, based upon an assertion or claim arising out of the making, having made, using, offering for sale, selling or importing of a Product, such party shall promptly notify the other party, and (i) neither . Neither party may settle such claim or action without the consent of the other party; (ii) the . The parties shall also discuss how the expenses and any recoveries from such action should be treated; and (iii) if . If the parties do not reach agreement, InNexus Roche shall make the final decision at its own discretion and expenseexpenses.

Infringement of Third Party Rights. In the event that a third party at any time provides notice to, or commences an action, suit or proceeding against, a party Party or such party's Party’s Affiliates, sub licensees sublicensees or distributors, claiming infringement of the third party's ’s patent rights or copyrights or unauthorized use or misappropriation of its technology, based upon an assertion or claim arising out of the making, having made, using, offering for sale, selling or importing of a Product, such party Party shall promptly notify the other party, and (i) neither party Party. Neither Party may settle such claim or action without the consent of the other party; (ii) the parties Party. The Parties shall also discuss how the expenses and any recoveries from such action should be treated; and (iii) if . If the parties Parties do not reach agreement, InNexus Roche shall make the final decision at its own discretion and expenseexpenses.

Infringement of Third Party Rights. In the event that a third party at any time provides notice to, or commences an action, suit or proceeding against, a party Party or -27- such party's Party’s Affiliates, sub licensees sublicensees or distributors, claiming infringement of the third party's ’s patent rights or copyrights or unauthorized use or misappropriation of its technology, based upon an assertion or claim arising out of the making, having made, using, offering for sale, selling or importing of a Product, such party Party shall promptly notify the other party, and (i) neither party Party. Neither Party may settle such claim or action without the consent of the other party; (ii) the parties Party. The Parties shall also discuss how the expenses and any recoveries from such action should be treated; and (iii) if . If the parties Parties do not reach agreement, InNexus Roche shall make the final decision at its own discretion and expenseexpenses.