No Challenge of Validity of Patent. Licensee hereby agrees that in the event that it, its Affiliates or sublicensees challenges the validity of any patent application or patent within the Merck Patent Rights, Merck may, in its sole discretion, terminate Licensee’s license under this Agreement to such patent application or patent; except that in the case of a challenge by a sublicensee, Merck shall have the right to terminate only if such challenge is not dismissed within sixty (60) days.
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Samples: Exclusive Patent and Know How License Agreement (Cerecor Inc.), Exclusive Patent and Know How License Agreement (Cerecor Inc.), Exclusive Patent and Know How License Agreement (Cerecor Inc.)
No Challenge of Validity of Patent. Licensee hereby agrees that in the event that it, its Affiliates or sublicensees challenges the validity of any patent application or patent within the Merck Compound Patent Rights, Merck may, in its sole discretion, terminate Licensee’s license exercise its termination rights under this Agreement to such patent application or patent; except that in the case of a challenge by a sublicensee, Merck shall have the right to terminate only if such challenge is not dismissed within sixty (60) daysArticle XII.
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