Common use of Patent Expenses Clause in Contracts

Patent Expenses. (a) The Patent Expenses invoiced to the Parties prior to the Effective Date are identified as Past Patent Expenses in the Transaction Terms. Within 90 days of the Effective Date, the other Party(ies) will pay its Share of Patent Expenses with respect to the Past Patent Expenses to the Parties that incurred such expenses. (b) The Lead Institution will be solely respon­sible for reviewing and approving all Patent Expenses incurred after the Effective Date and for ensuring that all Patent Expenses are paid in a timely manner. The Lead Institution will furnish to the Other Institution(s) copies of all invoices for Patent Expenses on a regular basis. The Other Institution(s), within 90 days after receipt of the invoices, will reimburse to the Lead Institution its Share of Patent Expenses which have been paid by the Lead Institution and not reimbursed by a Licensee. Notwithstanding the foregoing, Lead Institution will notify Other Institution(s) prior to incurring any Extraordinary Patent Expenses. In the event such advance notice is given, the Other Institution(s) may elect to pay its Share of Patent Expenses for such Extraordinary Patent Expenses or decline to pay such share and have the consequences stated in Section 2.3 apply. In the event Extraordinary Patent Expenses are incurred and advance notice was not given, Other Institution(s) will not be responsible for reimbursing any portion of such Extraordinary Patent Expenses. (c) Upon at least 90 days’ prior written notice from an Other Institution to the other Party(ies), such Other Institution may decline to pay its Share of Patent Expenses incurred after such notice period for either of the following as specified in such notice: (i) all Patent Expenses outside the United States, or (ii) all Patent Expenses. If the other Party(ies) pays such Patent Expenses, then the consequences stated in Section 2.3 will apply.

Patent Expenses. (a) The Patent Expenses invoiced to the Parties prior to the Effective Date are identified as Past Patent Expenses in the Transaction Terms. Within 90 days of the Effective Date, the other Party(ies) will Parties shall pay its their Share of Patent Expenses with respect to the Past Patent Expenses to the Parties that incurred such expenses. (b) The Lead Institution will shall be solely respon­sible for reviewing and approving all Patent Expenses incurred after the Effective Date and for ensuring that all Patent Expenses are paid in a timely manner. The Lead Institution will shall furnish to the Other Institution(s) copies of all invoices for Patent Expenses on a regular basis. The Other Institution(s), within 90 days after receipt of the invoices, will shall reimburse to the Lead Institution its Share of Patent Expenses which have been paid by the Lead Institution and not reimbursed by a Licensee. Notwithstanding the foregoing, Lead Institution will notify Other Institution(s) prior to shall not be responsible for reimbursing Patent Expenses in excess of the cap, if any, set forth in the Transaction Terms absent the Lead Institution notifying the Other Institution(s) in advance of incurring any Extraordinary Patent Expensesexpenses in excess of the cap. In the event such advance notice is given, the Other Institution(s) may elect to pay its Share of Patent Expenses for such Extraordinary Patent Expenses overage or decline to pay such share overage and have the consequences stated in Section 2.3 Paragraph 2.4 apply. In the event Extraordinary Patent Expenses are incurred and advance notice was not given, Other Institution(s) will not be responsible for reimbursing any portion of such Extraordinary Patent Expenses. (c) Upon at least 90 days’ 90-days prior written notice from an Other Institution to the other Party(ies), such Other Institution may decline to pay its Share of Patent Expenses incurred after such notice period for either one or more types of the following as specified in such notice: (i) all anticipated Patent Expenses outside the United States(e.g., expense for continu­ing to prosecute a particular patent application, or (ii) all Patent Expensesfor main­tenance of a particular patent). If As a result of such a decision, if the other Party(ies) pays such Patent Expenses, then the consequences stated in Section 2.3 2.4 will apply.

Patent Expenses. (a) The Patent Expenses invoiced to the Parties prior to the Effective Date are identified as Past Patent Expenses in the Transaction Terms. Within 90 days of the Effective Date, the other Party(ies) will pay its Share of Patent Expenses with respect to the Past Patent Expenses to the Parties that incurred such expenses. (b) The Lead Institution will be solely respon­sible responsible for reviewing and approving all Patent Expenses incurred after the Effective Date and for ensuring that all Patent Expenses are paid in a timely manner. The Lead Institution will furnish to the Other Institution(s) copies of all invoices for Patent Expenses on a regular basis. The Other Institution(s), within 90 days after receipt of the invoices, will reimburse to the Lead Institution its Share of Patent Expenses which have been paid by the Lead Institution and not reimbursed by a Licensee. Notwithstanding the foregoing, Lead Institution will notify Other Institution(s) prior to incurring any Extraordinary Patent Expenses. In the event such advance notice is given, the Other Institution(s) may elect to pay its Share of Patent Expenses for such Extraordinary Patent Expenses or decline to pay such share and have the consequences stated in Section 2.3 apply. apply.19 In the event Extraordinary Patent Expenses are incurred and advance notice was not given, Other Institution(s) will not be responsible for reimbursing any portion of such Extraordinary Patent Expenses. (c) Upon at least 90 days’ prior written notice from an Other Institution to the other Party(ies), such Other Institution may decline to pay its Share of Patent Expenses incurred after such notice period for either of the following as specified in such notice: (i) all Patent Expenses outside the United States, or (ii) all Patent Expenses. Expenses.20 If the other Party(ies) pays such Patent Expenses, then the consequences stated in Section 2.3 will apply.

Patent Expenses. (a) The Patent Expenses invoiced to the Parties prior to the Effective Date are identified as Past Patent Expenses in the Transaction Terms. Within 90 days of the Effective Date, the other Party(ies) will pay its Share of Patent Expenses with respect to the Past Patent Expenses to the Parties that incurred such expenses. (b) The Lead Institution will be solely respon­sible responsible for reviewing and approving all Patent Expenses incurred after the Effective Date and for ensuring that all Patent Expenses are paid in a timely manner. The Lead Institution will furnish to the Other Institution(s) copies of all invoices for Patent Expenses on a regular basis. The Other Institution(s), within 90 45 days after receipt of the invoices, will reimburse to the Lead Institution its Share of Patent Expenses which have been paid by the Lead Institution and not reimbursed by a Licensee. Notwithstanding the foregoing, Lead Institution will notify Other Institution(s) prior to incurring any Extraordinary Patent Expenses. In the event such advance notice is given, the Other Institution(s) may elect to pay its Share of Patent Expenses for such Extraordinary Patent Expenses or decline to pay such share and have the consequences stated in Section 2.3 apply. In the event Extraordinary Patent Expenses are incurred and advance notice was not given, Other Institution(s) will not be responsible for reimbursing any portion of such Extraordinary Patent Expenses. (c) Upon Should this Agreement involve three or more Parties, then upon at least 90 days’ prior written notice from an Other Institution to the other Party(ies), such Other Institution may decline to pay its Share of Patent Expenses incurred after such notice period for either of the following as specified in such notice: (i) all Patent Expenses outside the United States, or (ii) all Patent Expenses. If the other Party(ies) pays such Patent Expenses, then the consequences stated in Section 2.3 will apply.

Patent Expenses. (a) The Patent Expenses invoiced to the Parties prior to the Effective Date are identified as Past Patent Expenses in the Transaction Terms. Within 90 days of the Effective Date, the other Party(ies) will pay its Share of Patent Expenses with respect to the Past Patent Expenses to the Parties that incurred such expenses. (b) The Lead Institution will be solely respon­sible for reviewing and approving all Patent Expenses incurred after the Effective Date and for ensuring that all Patent Expenses are paid in a timely manner. The Lead Institution will furnish to the Other Institution(s) copies of all invoices for Patent Expenses on a regular basis. The Other Institution(s), within 90 days after receipt of the invoices, will reimburse to the Lead Institution its Share of Patent Expenses which have been paid by the Lead Institution and not reimbursed by a Licensee. Notwithstanding the foregoing, Lead Institution will notify Other Institution(s) prior to incurring any Extraordinary Patent Expenses. In the event such advance notice is given, the Other Institution(s) may elect to pay its Share of Patent Expenses for such Extraordinary Patent Expenses or decline to pay such share and have the consequences stated in Section 2.3 apply. apply.19 In the event Extraordinary Patent Expenses are incurred and advance notice was not given, Other Institution(s) will not be responsible for reimbursing any portion of such Extraordinary Patent Expenses. (c) Upon at least 90 days’ prior written notice from an Other Institution to the other Party(ies), such Other Institution may decline to pay its Share of Patent Expenses incurred after such notice period for either of the following as specified in such notice: (i) all Patent Expenses outside the United States, or (ii) all Patent Expenses. Expenses.20 If the other Party(ies) pays such Patent Expenses, then the consequences stated in Section 2.3 will apply.

Patent Expenses. (a) The Patent Expenses invoiced to the Parties prior to the Effective Date are identified as Past Patent Expenses in the Transaction Terms. Within 90 days of the Effective Date, the other Party(ies) will Parties shall pay its their Share of Patent Expenses with respect to the Past Patent Expenses to the Parties that incurred such expenses. (b) The Lead Institution will shall be solely respon­sible responsible for reviewing and approving all Patent Expenses incurred after the Effective Date and for ensuring that all Patent Expenses are paid in a timely manner. The Lead Institution will shall furnish to the Other Institution(s) copies of all invoices for Patent Expenses on a regular basis. The Other Institution(s), within 90 days after receipt of the invoices, will shall reimburse to the Lead Institution its Share of Patent Expenses which have been paid by the Lead Institution and not reimbursed by a Licensee. Notwithstanding the foregoing, Lead Institution will notify Other Institution(s) prior to shall not be responsible for reimbursing Patent Expenses in excess of the cap, if any, set forth in the Transaction Terms absent the Lead Institution notifying the Other Institution(s) in advance of incurring any Extraordinary Patent Expensesexpenses in excess of the cap. In the event such advance notice is given, the Other Institution(s) may elect to pay its Share of Patent Expenses for such Extraordinary Patent Expenses overage or decline to pay such share overage and have the consequences stated in Section 2.3 Paragraph 2.4 apply. In the event Extraordinary Patent Expenses are incurred and advance notice was not given, Other Institution(s) will not be responsible for reimbursing any portion of such Extraordinary Patent Expenses. (c) Upon at least 90 days’ 90-days prior written notice from an Other Institution to the other Party(ies), such Other Institution may decline to pay its Share of Patent Expenses incurred after such notice period for either one or more types of the following as specified in such notice: (i) all anticipated Patent Expenses outside the United States(e.g., expense for continuing to prosecute a particular patent application, or (ii) all Patent Expensesfor maintenance of a particular patent). If As a result of such a decision, if the other Party(ies) pays such Patent Expenses, then the consequences stated in Section 2.3 2.4 will apply.

Patent Expenses. (a) The Patent Expenses invoiced to the Parties prior to the Effective Date are identified as Past Patent Expenses in the Transaction Terms. Within 90 days of the Effective Date, the other Party(ies) Parties will pay its their Share of Patent Expenses with respect to the Past Patent Expenses to the Parties that incurred such expenses. (b) The Lead Institution will be solely respon­sible for reviewing and approving all Patent Expenses incurred after the Effective Date and for ensuring that all Patent Expenses are paid in a timely manner. The Lead Institution will furnish to the Other Institution(s) copies of all invoices for Patent Expenses on a regular basis. The Other Institution(s), within 90 days after receipt of the invoices, will reimburse to the Lead Institution its Share of Patent Expenses which have been paid by the Lead Institution and not reimbursed by a Licensee. Notwithstanding the foregoing, Lead Institution will notify Other Institution(s) prior to incurring any Extraordinary Patent ExpensesExpenses in excess of the Patent Expense Notice Level, if any, set forth in the Transaction Terms. In the event such advance notice is given, the Other Institution(s) may elect to pay its Share of Patent Expenses for such Extraordinary Patent Expenses overage or decline to pay such share overage and have the consequences stated in Section 2.3 2.4 apply. In the event Extraordinary Patent Expenses are incurred such level is exceeded and advance notice was not given, Other Institution(s) will not be responsible for reimbursing any portion Patent Expenses in excess of such Extraordinary Patent Expenseslevel. (c) Upon at least 90 days’ 90-days prior written notice from an Other Institution to the other Party(ies), such Other Institution may decline to pay its Share of Patent Expenses incurred after such notice period for either one or more types of the following as specified in such notice: (i) all anticipated Patent Expenses outside the United States(e.g., expense for continu­ing to prosecute a particular patent application, or (ii) all Patent Expensesfor main­tenance of a particular patent). If As a result of such a decision, if the other Party(ies) pays such Patent Expenses, then the consequences stated in Section 2.3 2.4 will apply.