Notification of Third Party Infringement. Each Party shall promptly disclose to the other in writing within ten (10) Business Days, any actual, alleged, or threatened Third Party infringement or misappropriation in the Territory of any Know-How and any actual, alleged or threatened infringement or passing off of the Hand Mxxx, of which such Party becomes aware.
Notification of Third Party Infringement. Each Party shall promptly notify the other Party in writing of any claim or evidence of possible Third Party infringement or misappropriation of any the Guanfacine Patents or Guanfacine Know-How insofar as such infringement or misappropriation relates to Guanfacine.
Notification of Third Party Infringement. Each Party shall promptly disclose to the other in writing, and share within [***] Business Days all available information known to the Party in connection with any actual, suspected, alleged, or threatened infringement or misappropriation of any Braeburn Patent, or any actual, suspected, alleged or threatened infringement or passing off of the Braeburn Xxxx, in the Territory, of which such Party becomes aware. The Parties will thereafter consult and cooperate to determine a course of action, including the commencement of legal action by any Party.
Notification of Third Party Infringement. Each party shall inform the other promptly in writing of any alleged infringement by a third party of any Developed Technology of which such party becomes aware, and of any available evidence thereof. WATCHGUARD shall have the right, but shall not be obligated, to prosecute at its own expense all infringements of the Developed Technology and, in furtherance of such right, SMART hereby agrees that WATCHGUARD may include SMART as a party plaintiff in any such suit, without expense to SMART. The total cost of any such infringement action commenced solely by WATCHGUARD shall be borne by WATCHGUARD. No settlement, consent judgment or other voluntary final disposition of the suit may be entered into without the prior written consent of an authorized representative of SMART, which consent shall not be unreasonably withheld. Any recovery of damages by WATCHGUARD for each such suit may be retained entirely by WATCHGUARD; provided, however that SMART may at its option elect to pay up to half of the expenses of any such suit and in such case any recovery of damages shall be applied first in satisfaction of any unreimbursed expenses and legal fees of both parties and then divided between WATCHGUARD and SMART, in each case on a pro rata basis according to the percentage of expenses borne by each party prior to the recovery.
Notification of Third Party Infringement. Each Party shall promptly notify the other Party in writing of any actual or threatened infringement, misappropriation or other violation by a Third Party of any Licensed Intellectual Property in the Field and in the Territory (“Third Party Infringement”) of which it becomes aware.
Notification of Third Party Infringement. Each Party shall promptly disclose to the other in writing within ten (10) Business Days, any actual, alleged, or threatened Third Party infringement or misappropriation in the Territory of any Ember Patent and any actual, alleged or threatened infringement or passing off in the Territory of any Ember Mxxx, of which such Party becomes aware.
Notification of Third Party Infringement. Each Party will notify the other Party promptly in writing in the event that any information is brought to its attention regarding any potential infringement by a Third Party of (i) the Existing MTF Technology or the Existing Orthofix Technology, in each case, insofar as relating to the uses licensed hereunder, (ii) the MTF Marks or the Orthofix Marks, in each case, insofar as relating to the uses licensed hereunder, and/or (iii) the Developed Technology.
Notification of Third Party Infringement. Owner will notify WDP of any infringement, imitation or act inconsistent with WDP's ownership of the Marks of which Owner becomes aware. WDP shall in its sole discretion determine whether or not to take any action with respect to. such infringement or act and Owner agrees to reasonably cooperate and to comply with any requests by WDP for assistance in pursuing such action.
Notification of Third Party Infringement. Each Party shall promptly notify the other in writing of any claim or evidence of possible Third Party infringement of any Licensed Patents.
Notification of Third Party Infringement. Each Party shall promptly disclose to the other in writing, and in no event later than within [***] ([***]) Business Days, any actual, alleged, or threatened Third Party infringement or misappropriation in the Territory of any Licensor Patent and any actual, alleged or threatened infringement or passing off of the Licensor Mark, of which sucx Xxrty becomes aware.
