Common use of NOTIFICATION OF INFRINGEMENT AND ENFORCEMENT Clause in Contracts

NOTIFICATION OF INFRINGEMENT AND ENFORCEMENT. Each Party shall notify the other Party of any infringement or misuse of SuperGen's Trademark(s) of which such Party becomes aware. SuperGen shall be solely responsible to prosecute any infringement of CONFIDENTIAL TREATMENT REQUESTED the SuperGen Trademark(s). Any damage award or settlement, in excess of SuperGen's cost and expenses of enforcement, shall be shared equally between the Parties.

Appears in 2 contracts

Samples: Sales, Distribution, and Development Agreement (Supergen Inc), Sales, Distribution, and Development Agreement (Abbott Laboratories)

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NOTIFICATION OF INFRINGEMENT AND ENFORCEMENT. Each Party shall notify the other Party of any infringement or misuse of SuperGen's Trademark(s) of which such Party becomes aware. SuperGen shall be solely responsible to prosecute any infringement of 49 <PAGE> CONFIDENTIAL TREATMENT REQUESTED the SuperGen Trademark(s). Any damage award or settlement, in excess of SuperGen's cost and expenses of enforcement, shall be shared equally between the Parties.. ARTICLE 15:

Appears in 1 contract

Samples: Sales, Distribution, and Development Agreement

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NOTIFICATION OF INFRINGEMENT AND ENFORCEMENT. Each Party shall notify the other Party of any infringement or misuse of SuperGen's Trademark(s) of which such Party becomes aware. SuperGen shall be solely responsible to prosecute any infringement of CONFIDENTIAL TREATMENT REQUESTED the SuperGen Trademark(s). Any damage award or settlement, in excess of SuperGen's cost and expenses of enforcement, shall be shared equally between the Parties.

Appears in 1 contract

Samples: Sales Contracts (Abbott Laboratories)

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