Non-Suit. During the term of this Agreement, neither CyDex nor any of its Affiliates shall xxx or threaten to xxx, or take any similar action against, or aid, abet or enable any third party to xxx, threaten to xxx or take any similar action against. Sage, or any Sublicensees, or any of their respective Affiliates, or any customers or end-users of any Licensed Products, or any users of any Probe Study Product, claiming that the manufacture, use, sale, offer for sale or importation of any Licensed Product, or the manufacture, use or importation of any Probe Study Product, infringes any patents or patent applications owned, licensed, sublicensed or otherwise controlled by, now or in the future, CyDex or any of its Affiliates.
Non-Suit. 2.1 Section 2.1 of the Agreement is hereby amended by adding the following provision:
Non-Suit. While the license granted hereby does not include the grant of any right under Licensor's interest in the Post-Termination Know-how or Post- Termination Patents, Licensor shall not bring (and shall not allow any third party to bring) any action under any Post-Termination Know-how or any Post- Termination Patent to block [*]=CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETED ASTERISKS HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 OF THE SECURITIES ACT OF 1933, AS AMENDED. Licensee or any Sublicensee from exercising those rights (but only those rights) granted by Licensor to Licensee under the Licensed Know-how and/or the Licensed Patents (i) in this Article 2 and/or (ii) elsewhere under this Agreement.
Non-Suit. During the term of this Agreement, neither CyDex nor any of its Affiliates shall xxx or threaten to xxx, or take any similar action against, or aid, abet or enable any third party to xxx, threaten to xxx or take any similar action against, Sage, or any Sublicensees, or any of their respective Affiliates, or any customers or end-users of any Licensed Products, claiming that the manufacture, use, sale, offer for sale or importation of any Licensed Product infringes any patents or patent applications owned, licensed, sublicensed or otherwise controlled by, now or in the future, CyDex or any of its Affiliates.
Non-Suit. The City’s approval of the Approval Document and this Agreement shall not make it liable for any loss or damage suffered within or by use of the Project for any act, condition or omission occurring or arising out of or in connection with the City’s approval of the Approval Document. Neither Developer nor anyone acting through it shall attempt to hold the City liable for any loss or damages arising out of or in connection with the City’s approval or the Approval Document or the Project.
Non-Suit. Releasor agrees and covenants that neither he, nor any person, organization or other entity on his behalf, will file, charge, claim, xxx or cause to permit to be filed, charged or claimed, any civil action, suit, arbitration or legal proceeding for personal relief (including any action for damages, injunctive, declaratory, monetary or other relief) against the Releasees involving any matter occurring at any time in the past up to and including the Resignation Date. Releasor further agrees that if any person, organization, or other entity should bring a claim against the Releasees involving any such matter, he will not accept any personal relief in such action. The Parties agree that this Paragraph does not bar Releasor from taking legal action to enforce this Agreement, nor does it restrict Releasor from seeking to enforce his rights to vested pension benefits under the terms of the Employee Retirement Income Security Act of 1974, as amended.
Non-Suit. While the licenses granted hereby only include rights to Licensed Patents and Licensor Improvement Patents as expressly stated in this Agreement, and do not include rights to Other Technology, Licensor shall not bring (and shall not authorize or assist a third party to bring) any action under Other Technology owned by Licensor or controlled and able to be licensed by Licensor to block Licensee or any Sublicensee from:
(a) exercising its rights with respect to a Uveitis Base Royalty Product that is an implant that is required to be surgically inserted through an incision of at least 2 mm (and which cannot be inserted through an incision of less than 2 mm) in the scelera into the vitreous, is secured by a suture attaching a tab to the scelera in the posterior of the eye, uses the reservoir/suture tab design currently used in clinical trial #001 for Uveitis, uses fluocinolone acetonide as an active ingredient with no other active ingredients, and generally conforms with the drawings and meets the specifications shown in Exhibit 1.14 of this Agreement and any prior iterations thereof, with only such modifications to the design that do not modify the parameters set forth above and that are required to obtain Regulatory Approval for the implant in the above clinical trials as a result of the current stability issue or another safety issue that may arise during the course of such clinical trials; and
(b) exercising those rights (but only those rights) granted by Licensor to Licensee pursuant to Section 2.1.1, provided that:
(i) the Other Technology is filed on or before or claims priority to an application filed on or before December 31, 2004 (provided the non-suit only applies to the extent of claims directed to the subject matter in the application to which such Other Technology claims priority); and
(ii) the Other Technology claims an invention for which Licensee, prior to any public disclosure of the Invention by the Licensor, has recorded an invention disclosure form including one or more claims to the same Invention, provided that such invention disclosure form has described such Invention with enough particularity to demonstrate that Licensee was in possession of the Invention at the time such invention disclosure form was recorded. For the purposes of this Section 2.3, Other Technology shall not include those patents, patent applications and invention disclosure forms set forth in Exhibit 2.3 (i.e., Licensor shall not be precluded from bringing an action ...
Non-Suit. Licensor and Licensee on behalf of themselves and any successors-in-interest to the Licensed Products and Licensed Processes covenant that they will not, before or after the Effective Date of this Agreement, assert any claim of patent infringement (including direct infringement, contributory infringement, and induced infringement) under any of the patents in the Patent List, any Licensed Processes or any Orange Book Patent Right for manufacture, use, sale, offer for sale or importation of Licensed Products against any third party engaged in the manufacture, use, sale offer for sale, or importation of Licensed Products in or for Non-Suit Countries for sale to Public Sector entities. The above notwithstanding, this non-suit provision will only apply to products which when offered for sale to End Users are in a Trade Dress that is different from Licensee’s Trade Dress in every respect.
Non-Suit. Employee agrees and covenants that neither he, nor any person, organization or other entity on his behalf, will file, charge, claim, sxx or cause to permit to be filed, charged or claimed, any civil action, suit, arbitration or legal proceeding for personal relief (including any action for damages, injunctive, declaratory, monetary or other relief) against the Releasees involving any matter occurring at any time in the past up to and including the Termination Date or involving any continuing effects of any acts or practices which may have arisen or occurred prior to the Termination Date or in connection with the calculation of benefits or amounts due Employee under the Employment Agreement or any Company benefit plan, including the Company’s Supplemental Executive Retirement Plan. Employee further agrees that if any person, organization, or other entity should bring a claim against the Releasees involving any such matter, he will not accept any personal relief in such action.
Non-Suit. Licensor and Licensee on behalf of themselves and any successors-in-interest to the Licensed Products and Licensed Processes covenant that they will not, before or after the Effective Date of this Agreement, assert any claim of patent infringement (including direct infringement, contributory infringement, and induced infringement) under any of the patents in the Patent List, any Licensed Processes or any Orange Book Patent Right for manufacture, use, sale, offer for sale or importation of Licensed Products against any third party engaged in the manufacture, use, sale offer for sale, or importation of Licensed Products in or for Non-Suit Countries for sale to Public Sector entities. The above notwithstanding, this non-suit provision will only apply to products which when offered for sale to End Users are in a Trade Dress that is different from Licensee’s Trade Dress in every respect. Portions of this Exhibit, indicated by the mark “[***],” were omitted and have been filed separately with the Secretary of the Commission pursuant to the Registrant’s application requesting confidential treatment pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended.
