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. 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.
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, now or in the future, by 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. University and Licensee on behalf of themselves and any successors-in-interest to the Licensed Patents and Licensed Processes covenant that they will not, before or after the date of this Agreement, assert any claim of patent infringement (including direct infringement, contributory infringement, and induced infringement) under the Licensed Patents and Licensed Processes for manufacture, use, sale, offer for sale or importation of Licensed Products against any third party engaged in the manufacture, use, sale offer for ***Confidential Treatment Requested sale, or importation of Licensed Products in or for Non-Suit Countries for sale to Public Sector entities for therapeutic uses. The above notwithstanding, this non-suit provision shall only apply to products which when offered for sale to end users are in a Trade Dress that is materially different from Licensee’s Trade Dress.
Non-Suit. During the Term until the Transfer Completion Date, Biogen, on behalf of itself and of any Affiliates, Sublicensees, successors and assigns, agrees on a worldwide basis not to file or maintain any lawsuit, cause of action or other legal action against Alkermes or its Affiliates under any Patent Rights Controlled by Biogen that Cover the Alkermes 8700 Product solely for purposes of Exploiting the Alkermes 8700 Product in accordance with this Agreement. Biogen shall cause all of its Affiliates, Sublicensees, successors and assigns to be bound by the obligations of this Section 6.4.
Non-Suit. 4.1 IHTC, on behalf of itself and its Affiliates and Subsidiaries, hereby covenants not to xxx ACER, its Subsidiaries or its Affiliates under any patents which are (i) owned or controlled by IHTC, its Subsidiaries or its Affiliates or may hereafter become owned or controlled or (ii) for which IHTC, its Subsidiaries or its Affiliates has the right to xxx, either individually or collectively.
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.
