Common use of Prosecution by Other Party Clause in Contracts

Prosecution by Other Party. In the event that Introgen or RPRP, as the case may be (the "Owner"), declines to file or, having filed, declines to further prosecute and maintain any such patent applications or patents in accordance with 14.2.1 above, or conduct any interferences or oppositions, or request any re-examinations, reissues or extensions of patent term with respect to the Technology it owns in accordance with 14.2.1 above, the other party shall have the right to file, prosecute and maintain such patent applications or patents or conduct such interferences, at its own expense, in the name of the Owner in any country, in which event the Owner of such Technology shall provide, at the other party's request and expense, all reasonable assistance. If the Owner of such Technology declines or fails to take any such actions, such Owner shall notify the other party hereto at least sixty (60) days prior to the date the next action or filing is due to be taken with respect to the subject patent application or patent. One-half of all such expenses shall be deducted from the royalties or profits due to the Owner with respect to the country in which the patent issues.