Notice of Infringement Claims. If USER receives any notice or claim of infringement, USER immediately shall communicate such notice to BAPCo via electronic mail to: xxxxxxx@XXXXx.xxx.
Notice of Infringement Claims. As soon as reasonably practicable and in any event within five (5) Business Days after a Responsible Officer of the Company has knowledge of the assertion by or against the Company or any of its Subsidiaries of any claim for, or the actual or threatened commencement of any judicial, administrative or arbitral action, suit or proceeding by or against the Company or any of its Subsidiaries with respect to, (i) any actual or alleged infringement by any third party of any Patent, Trademark, Copyright or other Intellectual Property or rights relating thereto owned or used by the Company or any of its Subsidiaries, (ii) any actual or alleged infringement by the Company or any of its Subsidiaries of any Patent, Trademark, Copyright or other Intellectual Property or rights relating thereto owned or used by any third party, or (iii) any actual or alleged breach or violation of any License to which the Company or any of its Subsidiaries is a party, whether by the Company or any of its Subsidiaries or by any other party thereto, an Officer’s Certificate of the Company describing the nature and status of such matter in reasonable detail.
Notice of Infringement Claims. If Licensee becomes aware of actual or threatened infringement by a third party of any of the Licensed Patents, it shall promptly notify Licensor in writing of such infringement or threat.
Notice of Infringement Claims. (a) If either Party or its Affiliates learns of an allegation that the Development or Commercialization of the Product in the Kiniksa Field or the Manufacturing of the Product, in each case, in the Territory, under this Agreement infringes or otherwise violates the Intellectual Property Rights of any Third Party in the Territory (“Infringement Claim”), then such Party must promptly notify the other Party in writing of such Infringement Claim. As soon as reasonably practicable after the receipt of such notice and at all times thereafter, the Parties will meet and consider the appropriate course of action with respect to such Infringement Claim. In any such instance, each Party will have the right to defend any action naming it; provided, however, the Parties will at all times cooperate, share all material notices and filings in a timely manner, provide all reasonable assistance to each other and use Commercially Reasonable Efforts to agree upon an appropriate course of action, including, as appropriate, the preparation of material court filings and any discussions concerning a potential defense or settlement of any such Infringement Claim. The rights and obligations in this Section 10.11 (Third Party Claims) will apply even if only one Party defends any Infringement Claims commenced by a Third Party in the Territory claiming that the Development, Manufacture, or Commercialization of a Product under this Agreement infringes or otherwise violates any Intellectual Property Rights of any Third Party.
Notice of Infringement Claims. PRI shall promptly notify Dendreon of any claim of infringement of a patent or other intellectual property which is PRI Technology.
Notice of Infringement Claims. Black Belt and CASI will each promptly, but in any event no later than 10 days after receipt of notice of such action, notify the other in writing if either Party, or any of their respective Affiliates or a Sublicensee, will be individually named as a defendant in a legal proceeding by a Third Party alleging infringement of a Patent Right or infringement, misappropriation, or other violation of any other intellectual property right of such Third Party, in each case, as a result of the Exploitation of a Licensed Compound or Licensed Product hereunder in the Field in the Territory (each, an “Infringement Claim”).
Notice of Infringement Claims. Each party shall use its best efforts to give the other party prompt written notice following receipt of any claim that any Deliverable infringes the Intellectual Property right of any third party.
Notice of Infringement Claims. Licensee shall provide prompt written notice to RISCO of any claim by a third party that RISCO’s Intellectual Property licensed hereunder infringes the intellectual property rights of any third party.
Notice of Infringement Claims. (i) If any civil, criminal, administrative or investigative action or proceeding of any nature involving any claim of infringement, misappropriation or violation of any patent, copyright, trademark, trade secret, confidential information or other intellectual property right relating to any of the VisionPlus Trade Secrets or any portion thereof ("Infringement Claim") is threatened or commenced by any third Person against Delos, any Delos Affiliate or any Sublicensee with respect to the use or possession of any of the VisionPlus Trade Secrets or any portion thereof, Delos shall notify PaySys of the same as promptly as practicable. After such notice, PaySys shall be entitled, if it so elects in writing within ten (10) days after PaySys' receipt of such notice, to control the defense, investigation, settlement and compromise of such Infringement Claim and to employ and engage attorneys of its choice to handle and defend the same, at PaySys' sole cost and expense. Delos, its Affiliates and any Sublicensee, as applicable, shall cooperate in all reasonable respects with PaySys and its attorneys in the investigation, trial, defense, settlement and compromise of such Infringement Claim and any appeal arising therefrom. Delos, its Affiliates and any Sublicensee, as applicable, shall have the right to employ and engage separate counsel and participate in the defense, investigation, settlement and compromise of such Infringement Claim and to consult with PaySys' counsel (it being agreed that PaySys shall retain control of such defense, investigation, settlement and compromise) but the fees and expenses of such counsel shall be at Delos' sole cost and expense.
Notice of Infringement Claims. In the event that any claim is asserted against either party, or any of their respective directors, officers, employees, agents or representatives, or such person is made a party defendant in any Action involving a matter which is the subject of such party's indemnification and hold harmless agreement as set forth above, or either party becomes aware of a claim, patent or patent application which might provide the basis for a third party's claim of infringement against the other party, Affiliates, Subsidiaries, or permitted assignees as a result of their manufacture, use or sale of a Product, then within thirty (30) days of receipt by any one or more of such party of notice of any such event, and within ten (10) days of such party's receipt of a written complaint or other formal pleading regarding any such event, such party shall give the other party hereto written notice of such claim, Action, or patent or patent application.
