Other Enforcement Clause Samples
The "Other Enforcement" clause defines the rights and mechanisms available to parties for enforcing the terms of the agreement beyond standard remedies. It typically outlines additional legal or equitable actions that may be taken if a party breaches the contract, such as seeking injunctions, specific performance, or other court-ordered relief. This clause ensures that parties have access to a broader range of enforcement options, thereby strengthening the contract's effectiveness and providing remedies tailored to specific breaches or circumstances.
Other Enforcement. Lessor may enforce the provisions of this Lease and may enforce and protect the rights of Lessor hereunder by a suit or suits in equity or at law for specific performance of any covenant or agreement contained herein, or for the enforcement of any other legal or equitable remedy, including recovery of all monies due or to become due from Lessee under any of the provisions of this Lease.
Other Enforcement. BMS or any of its Affiliates or their licensees shall have the right, at their own expense and under the direction and control of BMS, to enforce or defend in any action or proceeding any BMS Patent Rights regarding the claim scope not exclusively licensed to Elixir hereunder. Elixir shall have the right to participate in any such action or proceeding at Elixir’s expense, which expense may be recovered from any damages or other sums recovered from such action or proceeding on a pro rata basis in proportion to all expenses incurred by the foregoing entities in connection with the applicable action or proceeding. If Elixir elects to so participate, the enforcing entity shall provide Elixir with an opportunity to consult regarding such action or proceeding.
Other Enforcement. Except as set forth in this Section 6.3, neither Party shall have any rights to enforce Patents owned or in-licensed by the other Party or its Affiliates.
Other Enforcement. The limitations in Sections 9.1 and 9.2 shall not preclude a party from seeking specific performance or injunctive relief for the enforcement of this Agreement, when justified under the circumstances. The parties shall comply with the procedures in Article 10, which shall be mandatory in any proceeding seeking enforcement of this Agreement.
Other Enforcement. The Party pursuing any Unilateral Target assumes responsibility for enforcement against any Patent infringement to the extent it relates to any Unilateral Target or its use in the discovery or development of compounds or products, or to any particular compound directed against the Unilateral Target, in its sole discretion.
Other Enforcement. If either Party becomes aware of any infringement or threatened infringement of any Licensed Patents or Joint Patents by an unlicensed Third Party other than one addressed by Section 9.4(a), the following provisions shall apply:
(i) The Party having such knowledge shall promptly give written notice to the other Party, which notice shall set forth the available facts of such infringement in reasonable detail.
(ii) For Joint Patents that are listed in the FDA’s Orange Book: Approved Drug Products with Therapeutic Equivalence Evaluations in respect of an NDA pursuant to which a Lumacan Product is marketed or sold in the United States, Photocure shall have the sole right, but not the obligation, to initiate the prosecution of such infringement or to grant the infringing Third Party adequate rights and licenses to continue such otherwise infringing activities. Any prosecution of any such infringement shall be conducted under the joint control of both Parties with each Party entitled to retain its own counsel for such purpose.
(iii) For all Licensed Patents and for all Joint Patents not described by Section 9.4(b)(ii), Photocure shall have the sole right, but not the obligation, to initiate and control the prosecution of such infringement or to grant the infringing Third Party adequate rights and licenses to continue such otherwise infringing activities.
(iv) Joint consent of Photocure and Salix is not required for a settlement or consent judgment or other voluntary final disposition of a suit or proceeding under this Section 9.4(b) that relates to any Licensed Patent or Joint Patent, except that if settlement is reasonably likely to adversely affect the Lumacan Product in the Salix Territory or the validity or enforceability of a corresponding Licensed Patent in the Salix Territory, then the joint consent of Photocure and Salix is required and such consent shall not be unreasonably withheld or delayed.
(v) In any enforcement proceeding by Photocure or its other licensees involving the infringement or suspected infringement of any Licensed Patents or Joint Patent, to the extent permitted by Photocure’s contractual obligations to Third Parties as they exist on the Effective Date (but nonetheless giving effect to any protective orders of any judicial or administrative body or arbitration tribunal even if they arise after the Effective Date), Photocure shall, as and to the extent it can do so without waiving attorney-client or attorney work product privilege or app...
Other Enforcement. Notwithstanding anything to the contrary contained herein, Immunomedics (or any of its Affiliates or their respective designees) shall have the sole right to enforce or defend (including any recoveries) in any action or proceeding or settlement any Immunomedics Patents regarding a claim or scope not exclusively licensed to Licensee hereunder or not solely related to activities or subject matter that concerns the treatment, palliation or prevention of autoimmune diseases in humans, and Licensee shall have no rights with respect thereto.
Other Enforcement. Vaxart shall have the sole right, in its sole discretion, to enforce any Vaxart Patent that is not a Vaxart Product-Specific Patent against any infringement that is not a Product Infringement, and to retain all related recoveries. Dynavax shall have the sole right, in its sole discretion, to enforce any Dynavax Patent against any infringement that is not a Product Infringement and to retain all related recoveries. If there is any infringement of any Joint Patent that is not a Product Infringement, then the Parties shall mutually agree in good faith on a case-by-case basis whether to jointly bring and control any action or proceeding to enforce such Joint Patent, or whether one Party will bring and control any action or proceeding to enforce such Joint Patent, and, in each case, how the costs and expenses of such action or proceeding, and any recovery from such action or proceeding, will be allocated between the Parties.
Other Enforcement. Landlord may enforce the provisions of this Lease and may enforce and protect the rights of Landlord hereunder by a suit or suits in equity or at law for specific performance of any covenant or agreement contained herein, or for the enforcement of any other legal or equitable remedy, including recovery of all monies due or to become due from Tenant under any of the provisions of this Lease.
Other Enforcement. Cidara shall have the sole right, in its sole discretion, to enforce any Licensed Patent Right, [*] against any infringement that is not a Competitive Infringement in the Territory, and to retain all related recoveries. If there is any infringement of any Joint Patent that is not a Competitive Infringement, then the parties shall mutually agree in good faith on a case-by-case basis whether to jointly bring and control any action or proceeding to enforce such Joint Patent, or whether one party will bring and control any action or proceeding to enforce such Joint Patent, and, in each case, how the costs and expenses of such action or proceeding, and any recovery from such action or proceeding, will be allocated between the parties.