Common use of Jointly Owned Technology Clause in Contracts

Jointly Owned Technology. Notwithstanding 7.3.1 above, in the event that any technology that is jointly owned by GenVec and Fuso under Section 7.1 of this Agreement is infringed or misappropriated by a third party, Fuso and GenVec shall discuss whether, and, if so, how, to enforce such Joint Technology or defend such Joint Technology in an infringement action, declaratory judgment or other proceeding. In the event only one party wishes to participate in such proceeding, it shall have the right to proceed alone, at its expense, and may retain any recovery; provided, at the request and expense of the participating party, the other party agrees to cooperate and join in any proceedings in the event that a third party asserts that the co-owner of such Joint Technology is necessary or indispensable to such proceedings.

Jointly Owned Technology. Notwithstanding 7.3.1 above, in the event that any technology that is jointly owned by GenVec and Fuso under Section 7.1 of this Agreement is infringed or misappropriated by a third party, Fuso and GenVec shall discuss whether, and, if so, how, to enforce such Joint Technology or defend such Joint Technology in an infringement action, declaratory judgment or other proceeding. In the event only one party wishes to participate in such proceeding, it shall have the right to proceed alone, at its expense, and may retain any recovery; provided, at the request and expense of the participating party, the other party agrees to cooperate and join in any proceedings in the event that a third party asserts that the co-owner of such Joint Technology Invention is necessary or indispensable to such proceedings.

Jointly Owned Technology. Notwithstanding 7.3.1 above, in the ------------------------ event that any technology that is jointly owned by GenVec and Fuso under Section 7.1 of this Agreement is infringed or misappropriated by a third party, Fuso and GenVec shall discuss whether, and, if so, how, to enforce such Joint Technology or defend such Joint Technology in an infringement action, declaratory judgment or other proceeding. In the event only one party wishes to participate in such proceeding, it shall have the right to proceed alone, at its expense, and may retain any recovery; provided, at the request and expense of the participating party, the other party agrees to cooperate and join in any proceedings in the event that a third party asserts that the co-owner of such Joint Technology Invention is necessary or indispensable to such proceedings.