Notices of Infringement. (a) Each Party shall give the other Party notice of any actual or suspected infringement of GMI Patent Rights in the Territory that comes to the Party’s attention. The notice requirements of this Section 5.2(a) shall be limited to those circumstances where the actual or suspected infringement, is with respect to the manufacture, use, sale, import or offering for sale of Licensed Product in the Field.
(b) With respect to the alleged infringement by a Third Party of GMI Patent Rights by making, using, selling, importing or offering for sale a Licensed Product in the Field in the Territory (a “Product Infringement”), as between GMI and Pfizer, Pfizer will have the first right (but not the obligation) to bring any infringement action or proceeding against such Product Infringement, at the cost and expense of Pfizer, by counsel of its own choice. GMI will have the right, at its own cost and expense, to be represented in any such action by counsel of its own choice, but Pfizer shall control such infringement action.
(c) For any action pursuant to Section 5.2(b) to terminate any Product Infringement of GMI Patent Rights that Pfizer is entitled to bring, in the event that Pfizer is unable to initiate or prosecute such action solely in its own name, GMI will join such action voluntarily and will execute all documents necessary for Pfizer to initiate litigation to prosecute and maintain such action. In connection with any action, Pfizer and GMI will cooperate fully and will provide each other with any information or assistance that the other may reasonably request, at the expense of the enforcing Party. Pfizer will have the right to control such action, including the settlement thereof, provided, however, that Pfizer shall not settle or compromise any claim or proceeding that adversely affects the scope, validity or enforceability of any GMI Patent Right licensed to Pfizer unless agreed to in writing by both Parties, which consent shall not be unreasonably withheld. Any damages or other monetary awards recovered pursuant to any suit, proceeding or other legal action taken under this Section 5.2 will be allocated first to the costs and expenses of Pfizer, and second to the costs and expenses (if any) of GMI that were not otherwise reimbursed, with any remaining amounts (if any) to be allocated to Pfizer and such remaining amount shall be Net Sales subject to royalty under this Agreement.
(d) Each Party shall inform the other Party of any certification regarding any G...
Notices of Infringement. If a Licensee becomes aware of any infringement or other violation of any Licensed Materials, such Licensee shall promptly notify the applicable Licensor.
Notices of Infringement. In the event that any of the Proprietary Rights that are Collateral are infringed upon, or misappropriated or diluted by a third party, each Obligated Party shall notify the Agents promptly after such Obligated Party learns thereof. Each Obligated Party shall, unless it shall reasonably determine that such Proprietary Rights that are Collateral are in no way material to the conduct of its business or operations, promptly xxx for infringement, misappropriation, or dilution and to recover any and all damages for such infringement, misappropriation, or dilution, and shall take such other actions as either of the Agents shall deem appropriate under the circumstances to protect such Proprietary Rights that are Collateral.
Notices of Infringement. Faroudja has not received and is not aware of any notice or allegation that any of the Licensed Technology infringes any third-party intellectual property rights.
Notices of Infringement. In the event Client discovers or is notified of an actual or suspected infringement of the rights of Origami or its licensors in or to the Service or any unauthorized access to or use of the Service (each, an “Infringement”), Client shall promptly notify Origami of such known or suspected Infringement and terminate such Infringement to the extent within Client’s control. Client agrees to reasonably cooperate with and assist Xxxxxxx (at Xxxxxxx’s sole expense) in protecting, enforcing and defending Origami’s rights in and to the Service.
Notices of Infringement. On January 7, 2002, the Syndia Corporation notified Conexant of patent infringement with regard to two patents held by Syndia. Plasma Physics sent Conexant a letter on July 11, 2001, requesting that Conexant obtain a license to certain patents.
Notices of Infringement. To file a notice of infringing material on the Website, please provide a notification containing the following details: • Reasonably sufficient details to enable MicroTraders to identify the work claimed to be infringed or, if multiple works are claimed to be infringed, a representative list of such works (for example: title, author, any registration or tracking number, URL); • Reasonably sufficient details to enable MicroTraders to identify and locate the material that is claimed to be infringing (for example a link to the page that contains the material); • Your contact information so that MicroTraders can contact you (for example, your address, telephone number, email address); • A statement that you have a good faith belief that the use of the material identified by you is not authorized by the copyright owner, its agent, or the law; • A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is alleged to be infringed; and • Your physical or electronic signature. Then send this notice to: By Mail: MicroTraders Microfunds Legal Department 0000 Xxxxxxx Xxxxxxx Dr. #230 Chesterfield, VA, 23832 By Fax: 000-000-0000 Attn: Legal Department, MicroTraders (000) 000-0000 By Email: xxxxxxxxx@XxxxxXxxxxxx.xxx If material that you have posted to the Website has been taken down, you may file a counter-notification that contains the following details: • Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled; • A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material in question; • Your name, address and telephone number; • A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located or, if your address is outside of the USA, for any judicial district in which MicroTraders is located and that you will accept service of process from the person who submitted a notice in compliance with Section (c)(1)(C) of the DMCA, as generally described above; and • Your physical or electronic signature. Then send this notice to MicroTraders's DMCA Agent based on the contact information provided above in this Section.
Notices of Infringement. In the event that OTC Markets Group receives information claiming that any Content on any of the Issuer Services infringes the intellectual property of some person, OTC Markets Group shall notify the Company in order to give the Company an opportunity to respond to the notice of infringement. Any and all responses to the notice of infringement shall be furnished to the complaining party. OTC Markets Group shall give the complaining party an opportunity to seek judicial relief prior to restoring any Content as a result of the response to the notice of infringement. Complaining parties may submit notices of any claimed infringement to Xx. Xxxxxxxx Xxxxx via e-mail to xxxx@xxxxxxxxxx.xxx or via mail to OTC Markets Group Inc., 000 Xxxxx Xxxxxx (One Xxxxx Xxx Xxx), 00xx Xxxxx, Xxx Xxxx, XX 00000. The subject line of each such notice of infringement should include the words “NOTICE OF INFRINGEMENT”.
Notices of Infringement. Each Party shall provide to the other Party prompt written notice of (a) any alleged, threatened or actual infringement, misappropriation or other violation relating to a Product Trademark by a Third Party in the Licensed Territory of which such Party becomes aware (each, a “Product Trademark Infringement”) or (b) any alleged, threatened or actual claim by a Third Party that the use or registration of a Product Trademark in the Licensed Territory infringes, misappropriates or otherwise violates any Trademark or other right of such Third Party or constitutes unfair trade practices or any other like offense or any other claims as may be brought by a Third Party against a Party in connection with the use or registration of the Product Trademarks with respect to a Licensed Product in the Licensed Territory (each, a “Third Party Product Trademark Claim”).
Notices of Infringement. Each Party shall promptly notify the other Party in writing if it receives any notice of, or becomes aware of, any actual infringement, misappropriation or misuse by any Person of the Business Statutory Intellectual Property (notice only to Company) or Licensed Intellectual Property (notice only to Verizon Companies).
