Offensive Actions Sample Clauses

Offensive Actions. Any individual violating the Code of Conduct set forth above shall be subject to penalties and sanctions
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Offensive Actions. Any individual violating the Code of Conduct set out here shall be subject to penalties and sanctions as set forth in the Disciplinary Procedures below. In addition to conforming to the requirements of the Code of Conduct above, the following actions are specifically prohibited (“Offensive Actions”):
Offensive Actions. Each party will promptly notify the other party if they become aware of any potential infringement of Patent Rights arising under this Agreement. Neither party shall have any obligation to initiate an infringement action to assert any Patent Right under this Agreement.
Offensive Actions. With respect to infringement of any Sankyo Patent Right claiming the composition or use of a Licensed Compound, ArQule Derivative Compound, or Royalty-Bearing Product, Sankyo shall have the primary right, but not the obligation, to enforce such Patent Right under its sole control and at its sole expense. In such event, Sankyo shall be exclusively entitled to all proceeds or recoveries resulting therefrom, but from such proceeds or recoveries Sankyo shall pay ArQule a royalty in accordance with Section 8.5. on damages recovered for sales lost to the infringer. In the event that Sankyo declines to enforce such Patent Right with respect to a Royalty-Bearing Product where the sales of the alleged infringer are at least twenty percent (20%) of the market for said product, then ArQule shall have the secondary right to enforce such Patent Right under its sole control and at its sole expense. In such event, ArQule shall be exclusively entitled to all proceeds or recoveries resulting therefrom.
Offensive Actions. With respect to infringement of any SB Patent Right or ArQule Patent Right claiming the composition or use of a Licensed Compound, Analog Compound, or Royalty-Bearing Product, SB shall have the primary right, but not the obligation, to enforce such Patent Right under its sole control and at its sole expense. In such event, SB shall be exclusively entitled to all proceeds or recoveries resulting therefrom, but from such proceeds or recoveries SB shall pay ArQule a royalty in accordance with Section 7.6. on sales lost to the infringer. In the event that SB declines to enforce such Patent Right with respect to a Royalty-Bearing Product where the sales of the alleged infringer are at least [*****] percent [*****] of the worldwide market for said product, then ArQule shall have the secondary right to enforce such Patent Right under its sole control and at its sole expense. In such event, ArQule shall be exclusively entitled to all proceeds or recoveries resulting therefrom.
Offensive Actions. With respect to infringement of any Patent Right claiming the composition or use of a Licensed Compound, Analog, or Royalty-Bearing Product,
Offensive Actions. With respect to infringement of any Solvay Patent Right or any ArQule Patent Right or Joint Patent Right exclusively licensed to Solvay claiming the composition or use of a Licensed Compound, ArQule Derivative Compound, or Royalty-Bearing Product, Solvay shall have the primary right, but not the obligation, to enforce such Patent Right under its sole control and at its sole expense. In such event, Solvay shall be exclusively entitled to all proceeds or recoveries resulting therefrom, but from such proceeds or
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Offensive Actions. With respect to infringement of any Solvay Patent Right or any ArQule Patent Right or Joint Patent Right exclusively licensed to Solvay claiming the composition or use of a Licensed Compound, ArQule Derivative Compound, or Royalty-Bearing Product, Solvay shall have the primary right, but not the obligation, to enforce such Patent Right under its sole control and at its sole expense. In such event, Solvay shall be exclusively entitled to all proceeds or recoveries resulting therefrom, but from such proceeds or recoveries Solvay shall pay ArQule a royalty in accordance with Section 9.5. on sales lost to the infringer after deduction of all costs, including reasonable attorney fees incurred by Solvay in the action to enforce such Patent Rights. In the event that Solvay declines to enforce such Patent Right with respect to a Royalty-Bearing Product where the sales of the alleged infringer are at least twenty percent (20%) of the market for said product, then ArQule shall have the secondary right to enforce such Patent Right under its sole control and at its sole expense. In such event, ArQule shall be exclusively entitled to all proceeds or recoveries resulting therefrom.

Related to Offensive Actions

  • Corrective Action Despite its right to terminate this Agreement pursuant to this Article, the LHIN may choose not to terminate this Agreement and may take whatever corrective action it considers necessary and appropriate, including suspending Funding for such period as the LHIN determines, to ensure the successful completion of the Services in accordance with the terms of this Agreement.

  • Use of Hazardous Materials Tenant shall not cause or permit any Hazardous Materials to be used, stored, discharged, released or disposed of in the Premises or cause any Hazardous Materials to be used, stored, discharged, released or disposed of in, from, under or about, the Property, or any other land or improvements in the vicinity of the Property, excepting only the types and minor quantities of Hazardous Materials which are normally used in connection with Tenant’s permitted use, operation and maintenance of the Premises and then only in strict accordance with all Legal Requirements, including all Environmental Laws (“Permitted Substances”). Tenant shall, at its own expense, procure, maintain in effect and comply with all conditions of any and all permits, licenses, and other governmental and regulatory approvals required for Tenant’s use of Hazardous Materials at the Premises, including, without limitation, discharge of appropriately treated materials or wastes into or through any sanitary sewer serving the Buildings. Tenant shall in all respects handle, treat, deal with and manage any and all Tenant’s Hazardous Materials in total conformity with all Environmental Laws and prudent industry practices regarding management of such Hazardous Materials. Without limiting the foregoing, if any Tenant’s Hazardous Materials result in contamination of the Buildings, or any soil or groundwater in, under or about the Property in each case to the extent the presence of same amounts to a violation of any Legal Requirement or poses a threat to human health or safety, Tenant, at its expense, shall promptly take all actions necessary to return the Buildings and/or the Property, to the condition existing prior to the appearance of the Tenant’s Hazardous Material, subject to Landlord’s right to approve Tenant’s proposed remediation method. On or prior to the Termination Date, Tenant shall cause all Tenant’s Hazardous Materials in, on, under or about the Buildings to be removed in accordance with and in compliance with all Legal Requirements. Tenant shall promptly notify Landlord and obtain Landlord’s written approval before taking any remedial action in response to the presence of any Tenant’s Hazardous Materials or entering into any settlement agreement, consent decree or other compromise with respect to any claims relating to Tenant’s Hazardous Materials.

  • Investigations; Litigation There is no investigation or review pending (or, to the knowledge of Parent, threatened) by any Governmental Entity with respect to Parent or any of its Subsidiaries which would have, individually or in the aggregate, a Parent Material Adverse Effect, and there are no actions, suits, inquiries, investigations or proceedings pending (or, to Parent’s knowledge, threatened) against or affecting Parent or its Subsidiaries, or any of their respective properties at law or in equity before, and there are no orders, judgments or decrees of, or before, any Governmental Entity, in each case which would have, individually or in the aggregate, a Parent Material Adverse Effect.

  • Nuisance Company will not commit any nuisance, waste, or injury on the Airport and will not do or permit to be done anything that may result in the creation, commission or maintenance of such nuisance, waste, or injury.

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