Patent Claims. (ii) MS obligations for any patent Claims are limited to patent Claims where the Product (excluding Sample Code) software alone, without combination or modification, constitutes direct or contributory infringement of the patent.
Patent Claims. Contractor shall assume all costs arising from the use of patented materials, equipment, devices or processes used on or incorporated in the work and shall defend, indemnify and save harmless the City with all its officers and employees, and its duly authorized representatives, from all actions of every nature for, or on account of the use of any patented materials, equipment, devices, or processes used on or incorporated in the work.
Patent Claims. During and after the term of the Agreement, You will not assert, nor will You authorize, assist, or encourage any third party to assert, against Us, CSV or any of either’s affiliates, customers, vendors, business partners, or licensors, any patent infringement or other intellectual property infringement claim regarding any Services or CSV services You have used.
Patent Claims. (a) The determination of the existence of a Patent Claim, as described in Section 3.1.3, shall be made by the Patent Committee pursuant to Section 5.2.1, provided, however, that if the Patent Committee is unable to resolve such matter within thirty (30) days (the “Patent Committee Embargo License Period”), then notwithstanding Section 5.2.3 and Article 12, the determination will be made pursuant to Section 3.1.4(b).
Patent Claims. Each Party (as a “Releasing Party”), on behalf of itself and its officers, directors, employees, agents, successors and assigns, hereby promise not to xxx or proceed in any manner, in agency or other proceedings, whether at law, in equity, by way of administrative hearing, or otherwise, to solicit others to institute any such actions or proceedings, or consent to be a complainant in any criminal action or proceeding, against the other Party, its Affiliates, and their respective licensees, subscribers, other customers, contractors and consultants (each a “Released Party”), alleging, asserting or otherwise claiming that a Released Party is infringing a patent held by the Releasing Party relating to any Evolent Improvement (in the case of Evolent as the Releasing Party) or UPMC Improvement (in the case of UPMC as the Releasing Party).
Patent Claims. If Recipient challenges the validity of any of the CDI-owned or licensed patents relating to the Cells, then Recipient agrees that it shall pay a reasonable royalty to CDI to continue to use the Cells. If Recipient fails to pay the reasonable royalty, CDI may terminate the license granted to Recipient herein and Recipient shall cease to have the rights to use the Cells. If CDI elects to terminate the license hereunder, Recipient agrees to return to CDI any Cells in its possession.
Patent Claims. If any claim, suit or action at law or in equity of any kind involving any such patent is brought against any of the Protected Parties, the Contractor may retain from any moneys due or to become due, an amount considered sufficient by the Contractor to protect itself and such other of the Protected Parties against loss including attorneys' fees and costs, until such action is settled and satisfactory evidence to that effect has been supplied to the Contractor.
Patent Claims. If a litigation is commenced relating to ------------- charges of infringement of intellectual property rights with respect to the manufacture, use, sale, offer for sale or importation of any Finished Dosage Form Product which is the subject of this Agreement, Cheminor and Schein shall cooperate with one another (regardless of which party is a named party to that litigation) and shall jointly direct and control the litigation, including selection of patent or litigation counsel, decisions as to settle or compromise the case or position, and taking any other actions. Schein and Cheminor shall share equally all fees, costs and expenses related to such litigation. ** *** ****** *********** *** ******** ** ******* **** ** ***** *** ** ****** *** *** ** ********* ***** ********** **** ******** ******** ** *** ***** ***** *** ******** ******** ** ********** **** **** *********** Cheminor and Schein shall fully cooperate with each other in the defense or prosecution of any such patent litigation.
Patent Claims. The parties agree that, notwithstanding anything else contained in this Agreement, the Sellers shall not have any liability whatsoever to Purchaser or its affiliates (including liability for Damages, liability under Section 11.2 or otherwise) for any demand, action, claim, suit or other proceeding brought by any person at any time arising out of any infringement, misappropriation or violation of any patent by either Company unless, with respect to such patent proceeding, the Sellers have breached the representations and warranties in Section 3.5 (Legal Proceedings, Orders and Judgments) or 3.16(b) (Intellectual Property).
Patent Claims. No patent applications are included in the Intellectual Property Assets.
