Common use of MGH Joint Patents Clause in Contracts

MGH Joint Patents. With respect to the MGH Joint Patents, because MGH has or will have rights to prepare, file, prosecute or maintain or otherwise be involved in the activities specified in this Section 8.3(c) for MGH Joint Patents, Palomar shall use commercially reasonable efforts to cause MGH to take the actions specified by this Section 8.3(c) in a manner consistent with the MGH Agreements, but Palomar shall not be deemed to be in breach of its obligations under this Section 8.3(c) if, after using such commercially reasonable efforts, it is unable to comply with such obligations because of actions taken or not taken by MGH. To the extent that Palomar owes MGH for any Patent Costs arising from such patenting activities, those Patent Costs shall be treated as being incurred by the party that is controlling such activities for purposes of allocating Patent Costs under this Section 8,3(c), and to the extent that Xxxxxxxx is responsible for any Patent Costs under Section 8.3(c)(i), Xxxxxxxx shall reimburse Palomar for the Patents Costs Palomar owes MGH as provided therein. 8.4

Appears in 1 contract

Samples: Development and License Agreement (Palomar Medical Technologies Inc)

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MGH Joint Patents. With respect to the MGH Joint Patents, because MGH has or will have rights to prepare, file, prosecute or maintain or otherwise be involved in the activities specified in this Section 8.3(c) for MGH Joint Patents, Palomar shall use commercially reasonable efforts to cause MGH to take the actions specified by this Section 8.3(c) in a manner consistent with the MGH Agreements, but Palomar shall not be deemed to be in breach of its obligations under this Section 8.3(c) if, after using such commercially reasonable efforts, it is unable to comply with such obligations because of actions taken or not taken by MGH. To the extent that Palomar owes MGH for any Patent Costs arising from such patenting activities, those Patent Costs shall be treated as being incurred by the party that is controlling such activities for purposes of allocating Patent Costs under this Section 8,3(c8.3(c), and to the extent that Xxxxxxxx is responsible for any Patent Costs under Section 8.3(c)(i), Xxxxxxxx shall reimburse Palomar for the Patents Costs Palomar owes MGH as provided therein. 8.4

Appears in 1 contract

Samples: Development and License Agreement (Palomar Medical Technologies Inc)

MGH Joint Patents. With respect to the MGH Joint Patents, because MGH has or will have rights to prepare, file, prosecute or maintain or otherwise be involved in the activities specified in this Section 8.3(c) for MGH Joint Patents, Palomar shall use commercially reasonable efforts to cause MGH to take the actions specified by this Section 8.3(c) in a manner consistent with the MGH Agreements, but Palomar shall not be deemed to be in breach of its obligations under this Section 8.3(c) if, after using such commercially reasonable efforts, it is unable to comply with such obligations because of actions taken or not taken by MGH. To the extent that Palomar owes MGH for any Patent Costs arising from such patenting activities, those Patent Costs shall be treated as being incurred by the party that is controlling such activities for purposes of allocating Patent Costs under this Section 8,3(c8.3(c), and to the extent that Xxxxxxxx is responsible for any Patent Costs under Section 8.3(c)(i), Xxxxxxxx shall reimburse Palomar for the Patents Costs Palomar owes MGH as provided therein. 8.4.

Appears in 1 contract

Samples: Development and License Agreement (Cutera Inc)

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MGH Joint Patents. With respect to the MGH Joint Patents, because MGH has or will have rights to prepare, file, prosecute or maintain or otherwise be involved in the activities specified in this Section 8.3(c) for MGH Joint Patents, Palomar shall use commercially reasonable efforts to cause MGH to take the actions specified by this Section 8.3(c) in a manner consistent with the MGH Agreements, but Palomar shall not be deemed to be in breach of its obligations under this Section 8.3(c) if, after using such commercially reasonable efforts, it is unable to comply with such obligations because of actions taken or not taken by MGH. To the extent that Palomar owes MGH for any Patent Costs arising from such patenting activities, those Patent Costs shall be treated as being incurred by the party that is controlling such activities for purposes of allocating Patent Costs under this Section 8,3(c8.3(c), and to the extent that Xxxxxxxx Gxxxxxxx is responsible for any Patent Costs under Section 8.3(c)(i), Xxxxxxxx Gxxxxxxx shall reimburse Palomar for the Patents Costs Palomar owes MGH as provided therein. 8.4.

Appears in 1 contract

Samples: Development and License Agreement (Cynosure Inc)

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