Invalidity Claims. If a Third Party at any time asserts a claim that any of the Licensed Patent Rights is invalid or otherwise unenforceable (an “Invalidity Claim”), whether as a defense in an infringement action brought by either party pursuant to Section 10.1 or otherwise, the parties shall cooperate with respect to such Invalidity Claim, and Licensee shall, in consultation with Citius, have the first option (but not the obligation) to contest, and if necessary settle such Invalidity Claim.
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Samples: Exclusive License Agreement, Exclusive License Agreement (Citius Pharmaceuticals, Inc.)
Invalidity Claims. If a Third Party at any time asserts a claim that any of the Licensed Patent Rights is invalid or otherwise unenforceable (an “"Invalidity Claim”"), whether as a defense in an infringement action brought by either party pursuant to Section 10.1 or otherwise, the parties shall cooperate with respect to such Invalidity Claim, and Licensee shall, in consultation with Citius, have the first option (but not the obligation) to contest, and if necessary settle such Invalidity Claim.
Appears in 1 contract
Samples: Exclusive License Agreement (Citius Pharmaceuticals, Inc.)
Invalidity Claims. If a Third Party at any time asserts a claim that any of the Licensed Patent Rights is invalid or otherwise unenforceable (an “Invalidity Claim”), whether as a defense in an infringement action brought by either party Party pursuant to Section 10.1 6.2 or otherwise, the parties Parties shall cooperate with respect to such Invalidity Claim, and Licensee Licensor shall, in consultation with Citius, have the first option Licensee (but not the obligationsubject to Licensor’s final decision on all matters) and at Licensor’s cost, use Commercially Reasonable Efforts to contest, and if necessary settle such Invalidity Claim.
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