Infringements by Others Sample Clauses

Infringements by Others. Each party shall promptly report in writing to the other during the term any known or suspected infringement of any of USC’s Intellectual Property or 2tor’s Intellectual Property of which such party becomes aware, and shall provide the other with all available evidence supporting such known or suspected infringement or unauthorized use.
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Infringements by Others. Debtor will promptly notify Secured Party, providing reasonable details, of any Person’s infringement, dilution, misappropriation, or other violation of any Collateral,61 and take all reasonable actions to stop such infringement, dilution, misappropriation, or other violation, including seeking damages for or enjoining such conduct.
Infringements by Others. (a) Each of GCG and GCIP shall promptly notify GenTek and GCC upon any member of the GCG Group becoming aware of any infringement, imitation or other illegal or unauthorized use of any Licensed Xxxx or Licensed Patent by a party other than the parties hereto, and shall provide GenTek and GCC with all information known to GCG or GCIP (as applicable) regarding such infringement, imitation or other illegal or unauthorized use. GenTek or GCC may take such steps to stop such infringement, imitation or other illegal or unauthorized use as it deems necessary or appropriate in its sole discretion to protect such Licensed Xxxx or Licensed Patent. GenTek and GCC shall have the right, but not any obligation, to prosecute, at their expense, such infringement shall have full control over any such action, including the rights to select counsel (subject to Section 5.2(c)) to settle on any terms it deems advisable, to appeal any adverse decision rendered in any court, to discontinue any action taken by them, and otherwise to make any decision in respect thereto as it deems advisable in its discretion. At the request of GenTek or GCC, GCG and GCIP shall, and shall cause the other members of the GCG Group, to permit any action to be brought in its name if required by Law. In the event GenTek or GCC elects to bring suit, members of the GCG Group may thereafter join such suit at their own expense, it being understood that GenTek or GCC shall, at all times, have the right to control the prosecution of any such action. (b) If GenTek or GCC does not elect to take such steps as GCG or GCIP reasonably believes are necessary or appropriate to protect such Licensed Xxxx or Licensed Patent from infringement or other illegal or unauthorized use within 90 days of the date GenTek or GCC first received notice thereof, GCG or GCIP may, at its own expense and upon receiving the written consent of GenTek or GCC (which consent shall not be unreasonably withheld), take such steps to stop such infringement or other illegal or unauthorized use as it deems necessary or appropriate to protect the Licensed Xxxx or Licensed Patent. (c) With respect to any litigation or settlement involving any Licensed Xxxx or Licensed Patent, all amounts recovered by the GenTek Group or the GCG Group, or both, shall belong to the party or parties injured by the infringement in proportion to the expenses and damages incurred by such party or parties in prosecuting such action (other than expenses related to the vol...
Infringements by Others. (i) The Buyer shall promptly notify XxXxxx of any infringement, imitation or other illegal or unauthorized use of any Licensed Digitizer Technology, and shall provide XxXxxx with all information known to the Buyer regarding such infringement, imitation or other illegal or unauthorized use. XxXxxx may take such steps to stop such infringement, imitation or other illegal or unauthorized use as it deems necessary or appropriate in its sole discretion to protect such Licensed Digitizer Technology. XxXxxx shall have the right, but not any obligation, to prosecute, at its own expense, such infringement. The Buyer may, at its own expense, take such actions to stop such infringement or other illegal or unauthorized use as it deems necessary or appropriate to protect the Licensed Digitizer Technology. (ii) With respect to any litigation or settlement involving any Licensed Digitizer Technology, all amounts recovered by XxXxxx or the Buyer, or both, shall belong to the party or parties injured by the infringement in proportion to the expenses and damages incurred by such party or parties in prosecuting such action (other than expenses related to participation in the litigation, or as otherwise agreed by the parties.) In reaching a settlement or compromise of any dispute or litigation (including appeals, negotiations and the right to effect a settlement or compromise thereof) involving any Licensed Digitizer Technology, neither XxXxxx nor the Buyer may agree to any non-monetary relief which materially and adversely affects the business of the other party without the prior written approval of the other. (iii) Each party agrees to cooperate with the other party in litigation proceedings instituted hereunder at the expense of the party requesting such cooperation.
Infringements by Others. Each party shall promptly report in writing to the other during the term any known or suspected infringement of any of University’s Intellectual Property or 2U’s Intellectual Property of which such party becomes aware, and shall provide the other with all available evidence supporting such known or suspected infringement or unauthorized use.
Infringements by Others. Except as disclosed in Schedule 4.22: (i) there are no existing Claims by the Company or any of the Subsidiaries relating to breaches, violations, infringements or interferences with any of the Material Intellectual Property by any other Person, and neither the Company nor any Subsidiary has settled any past Claim on terms permitting any other Person to use any Material Intellectual Property; and (ii) none of the Company or any of the Subsidiaries has any knowledge that any other Person is using any of the Material Intellectual Property so as to breach, violate, infringe or interfere with the rights of the Company or any of the Subsidiaries in any Material Intellectual Property.
Infringements by Others. Except as disclosed in Schedule 6 or otherwise in writing to the Administrative Agent: (i) there are no material Claims by the Company or any of its Subsidiaries relating to breaches, violations, infringements or interferences with any of the Technology by any other Person and none of the Company or any of its Subsidiaries has any knowledge of any facts upon which such a Claim could be based; and (ii) no other Person is using any of the Technology so as to breach, violate, infringe or interfere, in each case in a manner that would be material to the operation of the business of the Company or any of its Subsidiaries with the rights of the Company or any of its Subsidiaries.
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Related to Infringements by Others

  • No Third Party Rights Except as expressly provided in this Agreement, this Agreement is intended solely for the benefit of the parties hereto and is not intended to confer any benefits upon, or create any rights in favor of, any Person other than the parties hereto.

  • Infringement If during the term of this Agreement, either party becomes aware of a third party infringement or threatened infringement of any Licensed Patents, the following provisions shall apply: (a) Introgen shall have the right, but not the obligation, to bring suit (itself or through a designee) to enforce the Licensed Patents, and/or to defend any declaratory judgment action with respect thereto, in each case with respect to the manufacture, sale or use of a product within the Field; provided, however, that Introgen shall keep Corixa reasonably informed as to the defense and/or settlement of such action. Corixa shall have the right to participate in any such action with counsel of its own choice at its own expense. Without limiting the provisions of Section 7.3 below, Corixa agrees to cooperate with Introgen with respect to actions brought by Introgen under this Section 7.2(a) at Introgen’s request and expense. If Introgen decides to undertake such suit, then any amounts received by Introgen in such Action with respect to infringement that occurred prior to the judgment awarding such amounts shall be included, after deducting the costs incurred by Introgen in connection with such Action, in Annual Net Sales hereunder. (b) If Introgen elects not to so initiate an action to enforce the Licensed Patents against a commercially significant infringement by a Third Party within the Field, within one hundred eighty (180) days of a request by Corixa to do so, Corixa may initiate such action at its expense; provided, however, that Corixa shall keep Introgen reasonably informed as to the defense and/or settlement of such action, as requested from time to time by Introgen, and provided that there is not then ongoing a litigation in any country with respect to the Licensed Technology. Introgen shall have the right to participate in any such action with counsel of its own choice at its own expense. Introgen agrees to cooperate with Corixa with respect to actions brought by Corixa under this Section 7.2(b) at Corixa’s request and expense. If Corixa undertakes such suit, then, after deducting the costs incurred by Corixa in connection with such Action, Introgen shall be entitled to receive [***] ([***]%) of any amounts received by Corixa in such action. (c) Upon Introgen’s reasonable request, Corixa agrees to use reasonable efforts, including, but not limited to, with respect to the exercise of rights under the Columbia Agreement (as defined in Section 10.1) to cause Columbia (as defined in Section 10.1) to cooperate in any suit, action or other proceeding under this Section 7.2, at Introgen’s expense. *** Certain information on this page has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions

  • Third Party Rights A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Xxx 0000 to enforce or to enjoy the benefit of any term of this Agreement.

  • EXCLUSION OF THIRD PARTY RIGHTS A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Xxx 0000 to enforce any term of this Agreement, but this does not affect any right or remedy of a third party which exists or is available apart from that Act.

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