Notice of Discontinued Prosecution Sample Clauses

Notice of Discontinued Prosecution. If at any time the Party responsible for Patent Activities pursuant to Section 8.6(a) above (the “Responsible Party”) does not wish to file or wishes to discontinue the prosecution or maintenance of any patent application or patent filed in any country, on a country-by-country basis, which is included in the Patent Rights, it shall give notice of such intention to the other Party at least sixty (60) days prior to the date in which failure to take action would cause such patent application or patent to lapse or otherwise be abandoned. If such other Party then has an exclusive license under such patent application or patent pursuant to this Agreement or the License Agreement, then such other Party shall have the right, but not the obligation, to assume responsibility for the prosecution of any such Patent Rights in the applicable country, at its own expense, by giving notice to the Responsible Party of such intention within thirty (30) days. In such event, the Responsible Party shall assign all of its rights in such Patent Rights to the Party assuming responsibility for and costs of the Patent Activities for use only in the field(s) in which Syngenta has an exclusive license if the assignee is Syngenta and for use only outside the field(s) in which Syngenta has an exclusive license if the assignee is Diversa, and the assignee hereby grants back to the assignor a non-exclusive, royalty-free, perpetual, irrevocable license (with the right to sublicense) in the assignor’s field (the field(s) in which Syngenta has an exclusive license if Syngenta is the assignor and outside the field(s) in which Syngenta has an exclusive license if Diversa is the assignor).
Sample 1
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Notice of Discontinued Prosecution. If at any time Verenium does not wish to file or wishes to discontinue the prosecution or maintenance of any patent application or patent within the Verenium Patent Rights licensed to Syngenta under Section 2.1 filed in any country, on a country-by-country basis, Verenium shall (and shall obligate its outside patent counsel to) give notice of such intention to Syngenta at least sixty (60) days prior to the date in which failure to take action would cause such patent application or patent to lapse or otherwise be abandoned. Syngenta will then have the right, but not the obligation, to assume responsibility for the prosecution of any such Verenium Patent Rights in the applicable country, at its own expense, by giving notice to the Verenium of such intention within thirty (30) days. In such event, Verenium shall assign all of its rights in such Patent Rights to Syngenta and such rights shall become Syngenta Patent Rights subject to the license granted in Section 2.2. In addition, Verenium hereby agrees to assign to Syngenta the Patent Rights set forth in Exhibit G (the “Assigned Patents”). Within thirty (30) days following the execution of this Agreement, Verenium shall deliver to Syngenta Patent Rights assignment documents substantially in the form set forth in Exhibit H. Syngenta hereby acknowledges and agrees that it will not broaden the scope of the claims in the Assigned Patents to claim subject matter beyond […***…]. In addition, to the extent that the Assigned Patents claim any Biomolecule other than […***…], Verenium shall have a perpetual, irrevocable, royalty free, fully paid, exclusive, worldwide license, with the right to sublicense under the Assigned Patents, to make, have made and use such Biomolecules expressed or produced through Microbial Expression and to use data and information included in the Collaboration Materials, in each case to develop, have developed, make, have made, import, have imported, export, have exported, sell, offer for sale and have sold products which consist of, incorporate or are made through the use of any such Biomolecules expressed *** Confidential Treatment Requested or produced through Microbial Expression. In addition, at Verenium’s election and expense, Verenium may file, prosecute and maintain a divisional claiming any Biomolecule other than […***…] claimed by the Assigned Patents.
Sample 1

Related to Notice of Discontinued Prosecution

  • Notice of Disputes Written notice of a Dispute must be sent to the Manager or Member by the aggrieved party as described in the notice requirements of Article 15.1 below.

  • Notice of Dispute Seller must immediately notify Prestige of any disputes between any account debtor and Seller.

  • Notice of Material Proceedings Promptly upon becoming aware thereof, the Issuer shall give the Indenture Trustee (on behalf of the Holders of the Notes) and the Rating Agency written notice of the commencement or existence of any proceeding by or before any Governmental Authority against or affecting the Issuer which is reasonably likely to have a material adverse effect on the business, condition (financial or otherwise), results of operations, properties or performance of the Issuer or the ability of the Issuer to perform its obligations under this Indenture or under any other Program Agreement to which it is a party.

  • Patent Prosecution 7.1 UFRF shall diligently prosecute and maintain the Licensed Patents using counsel of its choice. UFRF shall provide Licensee with copies of all patent applications amendments, and other filings with the United States Patent and Trademark Office and foreign patent offices. UFRF will also provide Licensee with copies of office actions and other communications received by UFRF from the United States Patent and Trademark Office and foreign patent offices relating to Licensed Patents. Licensee agrees to keep such information confidential.

  • Notice of Litigation, Right to Prosecute, Etc No Fund shall be liable for indemnification under this Section 5.03 unless a Person shall have promptly notified such Fund in writing of the commencement of any litigation or proceeding brought against such Person in respect of which indemnity may be sought under this Section 5.03. With respect to claims in such litigation or proceedings for which indemnity by a Fund may be sought and subject to applicable law and the ruling of any court of competent jurisdiction, such Fund shall be entitled to participate in any such litigation or proceeding and, after written notice from such Fund to any Person, such Fund may assume the defense of such litigation or proceeding with counsel of its choice at its own expense in respect of that portion of the litigation for which such Fund may be subject to an indemnification obligation; provided however, a Person shall be entitled to participate in (but not control) at its own cost and expense, the defense of any such litigation or proceeding if such Fund has not acknowledged in writing its obligation to indemnify the Person with respect to such litigation or proceeding. If such Fund is not permitted to participate or control such litigation or proceeding under applicable law or by a ruling of a court of competent jurisdiction, such Person shall reasonably prosecute such litigation or proceeding. A Person shall not consent to the entry of any judgment or enter into any settlement in any such litigation or proceeding without providing each applicable Fund with adequate notice of any such settlement or judgment, and without each such Fund's prior written consent. All Persons shall submit written evidence to each applicable Fund with respect to any cost or expense for which they are seeking indemnification in such form and detail as such Fund may reasonably request.

  • Prosecution Hospital shall be responsible for the preparation, filing, prosecution and maintenance of all patent applications and patents included in Patent Rights. Company shall reimburse Hospital for Patent Costs incurred by Hospital relating thereto in accordance with Section 4.2.

  • Notice of Legal Actions Each party hereto shall, within five (5) business days of receipt thereof, give written notice to the other party hereto of (i) any notice, advice or other communication from any Governmental Authority or any source whatsoever with respect to Hazardous Substances on, from or affecting the Property, and (ii) any legal action brought against such party or related to the Property, with respect to which Indemnitor may have liability under this Agreement. Such notice shall comply with the provisions of Section 15 hereof.

  • Notice of Litigation Each Purchaser shall promptly notify the applicable Seller upon becoming aware of any Proceedings or threatened Proceedings concerning any Serviced Appointment (whether or not the Sellers are named in such Proceedings), in each case, excluding Proceedings in servicer-managed mortgage-level litigation with respect to residential mortgage-backed securities transactions. Notices pursuant to this Section 6.4 will be delivered to the notice recipient designated on Annex B.

  • Notice of Litigation, Etc Tenant shall give prompt Notice to Landlord of any litigation or any administrative proceeding to which it may hereafter become a party of which Tenant has notice or actual knowledge which involves a potential liability equal to or greater than Two Hundred Fifty Thousand Dollars ($250,000) or which may otherwise result in any material adverse change in the business, operations, property, prospects, results of operation or condition, financial or other, of Tenant. Forthwith upon Tenant obtaining knowledge of any Default, Event of Default or any default or event of default under any agreement relating to Indebtedness for money borrowed in an aggregate amount exceeding, at any one time, Two Hundred Fifty Thousand Dollars ($250,000), or any event or condition that would be required to be disclosed in a current report filed by Tenant on Form 8-K or in Part II of a quarterly report on Form 10-Q if Tenant were required to file such reports under the Securities Exchange Act of 1934, as amended, Tenant shall furnish Notice thereof to Landlord specifying the nature and period of existence thereof and what action Tenant has taken or is taking or proposes to take with respect thereto.

  • Cooperation in Prosecution Each Party shall provide the other Party all reasonable assistance and cooperation in the Patent prosecution efforts provided above in this Section 9.3, including providing any necessary powers of attorney and executing any other required documents or instruments for such prosecution, as well as further actions as set forth below.

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