Protection Against Infringement. Isis and Lilly each agree to take reasonable actions to protect their respective patents and technology from infringement and from unauthorized possession or use.
Protection Against Infringement. During the term of this Agreement, RESELLER agrees to notify CASI promptly of (i) any known use or registration by third parties of any trade names or marks which might infringe CASI's trade or Product names or marks and (ii) any notice or claim of infringement against RESELLER based on or resulting from RESELLER's use of such names and marks. RESELLER acknowledges and agrees that CASI shall have the sole right and duty to protect such names and marks from a legal action or suit for infringement thereof.
Protection Against Infringement. Upon receipt of any information supporting a claim that any Third Party whatsoever is infringing on the Patent Rights, the party hereto receiving said notice shall so inform the other party. RTP shall have the first right and the duty to take any necessary or appropriate actions to prevent the infringement of the Patent Rights provided, if at any time, it no longer wishes to act on its own, and it is requested to do so by SPARTA, it shall continue such action at SPARTA's expense. RTP shall consult with and keep SPARTA fully informed regarding the status of such action and the selection of counsel. In the event that RTP, at any time, fails to undertake or continue the prosecution of said claim, SPARTA shall have the right to prosecute the claim, within its discretion. All costs of such action shall first be set off (in proportion to the relative expenditures by each party) against any recovery from said suit, if any, and any excess of costs over recoveries shall be credited toward SPARTA's obligations to make payments to RTP as set forth in Subsections 4.5.1., 4.5.2.,and 4.5.3. of this Agreement. All recoveries in excess of the costs of said action, if any, shall be then be treated as Net Selling Price received by SPARTA pursuant to Subsection 4.8.1. and royalties shall be paid according to that Section. In the event RTP or SPARTA wishes to settle with the alleged infringer, said party shall first procure the consent of the other which consent will not be unreasonably withheld, and RTP will take reasonable steps to attempt to procure the consent required from Pharma-Logic, Inc. under the Technology Purchase Agreement. Each party shall provide the other party with all necessary support and assistance reasonably required by the requesting party in investigating and prosecuting infringement of the Patent Rights. Upon request by SPARTA, at SPARTA's expense, RTP shall prepare and execute such documents, and to take such other actions, as are reasonably necessary and appropriate to take all appropriate action under the provision of U.S. Public Law 98-417, to bring a patent infringement action if SPARTA is notified that a Third Party has filed an application for a similar product under Subsections 5.05(b) and 5.05(j) of the U.S. Food, Drug and Cosmetic Act. SPARTA and RTP shall consult with and keep each other fully advised of all their activities under this paragraph. Like coordination and support from each party to the other shall be imputed in foreign countries...
Protection Against Infringement. In the event that Licensee becomes aware of activity on the part of any third party which may constitute infringement of the Licensed Patents, or any other intellectual property rights with respect to which Licensee is granted a license hereunder, Licensee shall give Licensor written notice thereof. Upon reasonable request by Licensor, Licensee shall, at its sole expense, initiate and thereafter diligently maintain reasonable efforts to prevent and xxxxx such infringement, including the initiation of an appropriate civil action for infringement and the taking of such other action as may be necessary or appropriate, to enforce the Licensed Patents or other intellectual property rights with respect to -which Licensee is granted a license hereunder. In such event, (i) Licensor will permit the use of its name in, and as a party to, all such suits and execute all pleadings, documents and other papers necessary or appropriate in conjunction therewith and (ii) Licensee shall receive the full benefits of any action it takes pursuant to this subsection, including retaining all sums recovered in any such suit or in settlement thereof after paying Licensor the Earned Royalties which shall be calculated from the amount of Gross Revenues, if any, asserted by Licensee to support any award of compensatory damages (as opposed to punitive or any other damages). Licensor may, at its option and its cost and expense, participate in meetings with Licensee and/or its counsel and receive all pleadings, documents and other related papers useful for the purpose of keeping Licensor informed of the status of any proceedings commenced by Licensee pursuant to this Section 6.
Protection Against Infringement. The Company shall assist Baptist to the extent reasonably necessary in the procurement of any protection of, or to protect any of Baptist's rights in and to, the Name. The Company shall promptly notify Baptist of any infringements or imitations by others of the Name, or of the use of any trade name or trademark that is the same as or similar to those covered by this Agreement that come to the Company's attention. The Company shall not institute any suit or take any action on account of any such infringements or imitations and as between Baptist and the Company, Baptist shall be solely responsible for defending and protecting the Name and prosecuting infringements thereof.
Protection Against Infringement. Each Party agrees to take reasonable actions to protect the Trademarks, Patent Rights, Know-How, Acorda Background Technology, Program Intellectual Property and any related technology from infringement and from unauthorized possession or use by Third Parties, as provided in this Section 9.3.
Protection Against Infringement. The parties shall, to the extent commercially reasonable under the circumstances, cooperate in the enforcement of all rights in the Licensed Product and Documentation against infringers. St. Xxxx shall have the right, but not the obligation, to institute and prosecute lawsuits against third persons for infringement of the rights licensed by St. Xxxx in this Agreement. If St. Xxxx does not institute an infringement suit within thirty (30) days after Frontec's written request that it do so. Frontec may institute and prosecute such lawsuit. Any lawsuit shall be prosecuted solely at the cost and expense of the party bringing suit and all sums recovered in any such lawsuits, whether by judgement, settlement or otherwise, in excess of the amount of reasonable attorneys' fees and other out of pocket expenses of such suit, shall belong to the party bringing the suit. Upon request of the party bringing the lawsuit, the other party shall execute all papers, testify on all matters, and otherwise cooperate in every way necessary and desirable for the prosecution of any such lawsuit. The party bringing suit shall reimburse the other party for the expenses incurred as a result of such cooperation.
Protection Against Infringement. Contractor represents to City that the Software and equipment do not violate or infringe upon any patent or registered copyright, or misappropriate any trade secret or other proprietary rights of any other person or entity. Contractor agrees to hold the City harmless from any liability and to defend and indemnify the City, at Contractor’s sole expense, in the event that a claim is filed or a suit is brought against City or any of its officers, employees, or authorized representatives, for the use of the Software or equipment due to a patent or registered copyright infringement by the Software or equipment. Contractor further agrees that if the Software or equipment is found to be infringing, Contractor will, within one (1) year:
1. Modify the Software or equipment, at Contractor’s expense, so it becomes non-infringing, or
2. Replace the infringing Software or equipment with equal non-infringing Software or equipment, at Contractor’s expense, or
3. Procure, at Contractor’s expense, the necessary licenses for the City to continue using the Software or equipment. Contractor’s obligations under this Section 9.3 do not apply to any other equipment or software, including Equipment or Software which have been modified or combined with other equipment or software not supplied by Contractor; (ii) any Equipment or Software supplied according to a design, other than a Contractor design, not required by Contractor; (iii) any patent issued after the date hereof. Contractor’s obligations under this Section 9.3 are contingent upon City having given Contractor prompt written notice of such action, all necessary assistance in the defense thereof and the right to control all aspects of the defense thereof including the right to settle or otherwise terminate such action on behalf of City. THIS SECTION 9.3 STATES THE ENTIRE LIABILITY OF CONTRACTOR AND EQUIPMENT MANUFACTURER FOR ANY PATENT INFRINGEMENT.
Protection Against Infringement. (a) The Distributor agrees to inform Synon promptly of all legal requirements for protecting the proprietary rights of Synon in and to the Products in the Territory, and agrees to cooperate fully with Synon in protecting the Products from infringement.
Protection Against Infringement. Upon receipt of any information supporting a claim that any third-party in infringing on any protectable aspect of the Technology or any Improvement, the party hereto receiving such notice shall so inform the other party. Demeter shall have the right but not the obligation to take any necessary or appropriate actions, at its own expense, to prevent the infringement of any protectable aspect of the Technology or any Improvement. Jaynxx xxxees to provide Demeter with all necessary support and assistance reasonably required in investigating and precluding infringement of the Technology or any Improvement and Demeter agrees to pay Jaynxx xxxr compensation plus out-of-pocket expenses incurred in connection with providing such support and assistance.
