Common use of Infringement of Third Party's Rights Clause in Contracts

Infringement of Third Party's Rights. If a third party asserts that a ------------------------------------ patent or other right owned by it is infringed by the practice of the Licensed Patents pursuant to the license granted to Tularik under Section 2.1, Tularik may attempt to resolve the problem raised by the asserted infringement. The matter shall be deemed resolved if Tularik obtains: [ * ]. If the practice of the Licensed Patents results in a claim for patent infringement against Tularik, the Party to this Agreement first having notice of that claim shall promptly notify the other Party in writing. The notice shall set forth the facts of the claim in reasonable detail. [ * ] shall have the primary right to defend any such claim. [ * ] shall have the right, but not the obligation, to participate in any such suit at its sole option and at its own expense. Each Party shall reasonably cooperate with the Party conducting the defense of the claim. Neither Party shall enter into any settlement that affects the other Party's rights or interests without such other Party's written consent, not to be unreasonably withheld. If [ * ] makes a payment to any third party in the course of defending or settling any claim brought by a third party pursuant to this Section 6.11, [ * ] shall be entitled to [ * ].