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. Cidara shall have the sole right, in its sole discretion, to enforce any Cidara Patent that is not a Cidara Compound-Specific Patent against any infringement that is not a Product Infringement, and to retain all related recoveries. Xxxxxxx shall have the sole right, in its sole discretion, to enforce any Xxxxxxx 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 Joint Compound-Specific Patent and 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. 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 Other Patent Rights. Sunesis shall have the right to participate in any such action or proceeding with its own counsel and at its own 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 Sunesis elects to so participate, the enforcing entity shall provide Sunesis with an opportunity to consult regarding such action or proceeding. No settlement of any such action or proceeding which restricts the scope, or adversely affects the enforceability, of a BMS Other Patent Right may be entered into by BMS without the prior written consent of Sunesis, which consent shall not be unreasonably withheld, delayed or conditioned. [*] Certain information on this page has been redacted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.
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.
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. (a) Notwithstanding Section 8.4, if one Party has opted out of Development and Commercialization pursuant to Section 3.7(a)(i), or opted-out on a territory by territory basis in accordance with Section 4.12, Section 3.7(a)(ii) or Section 3.7(a)(iii), or the Agreement has terminated in accordance with Article 11, the Non-Removed Party shall have the first right, but not an obligation, to institute, prosecute and control, using counsel of the Non-Removed Party’s choice, any suit, action or proceeding with respect to such infringement, misappropriation or action for declaratory relief to the extent regarding any Joint Other Patent, Collaboration Patent, Prior Collaboration 17206 Patent, Outside Formulation and Manufacture-Specific Patent, or Original Nuvelo Patent, specifically subject to Section 8.5(b). If the Non-Removed Party initiates any such suit, action or proceeding, the other Party agrees to be joined as a party plaintiff if required by law in order for the Non-Removed Party to initiate and prosecute such action or proceeding, and to provide the continuing Party, at the Non-Removed Party’s sole cost and expense, reasonable assistance and authority to initiate and prosecute such action or proceeding. If the Non-Removed Party fails to institute an action or proceeding with respect to such infringement, misappropriation, or action for declaratory relief within a period of one-hundred-twenty (120) days after notice of such, and fails thereafter to prosecute such suit, action or proceeding, the other Party shall have the right, but not the obligation, to institute and/or prosecute and control an action or proceeding in its name with respect to such infringement, misappropriation or action for declaratory relief by counsel of the other Party’s choice. If the other Party institutes any such action or proceeding, the first Party agrees to be joined as a party plaintiff if necessary for the other Party to institute and prosecute such suit, action or proceeding, and to give the other Party reasonable assistance and authority to institute and prosecute such action or proceeding. Any amounts recovered in such suit, action or proceeding by either the first Party or the other Party shall (i) be used first to reimburse the enforcing Party, for the costs and expenses reasonably incurred in connection with such suit, action or proceeding (including attorneys and expert fees) and (ii) after such reimbursement, the remainder, if any, shall be divided [*] to the enforci...
