Common use of RESPONSIBILITY FOR LITIGATION Clause in Contracts

RESPONSIBILITY FOR LITIGATION. For the avoidance of doubt, it is the intention of the Parties that a commercialization partner or Licensee shall bear the primary responsibility for all products liability litigation, patent or other intellectual property litigation, or litigation in relation to the regulatory approval of the Product. To the extent that such litigation expenses are not borne by such commercialization partner or Licensee, or to the extent that either Party is required by operation of law to take part in such litigation in any way, it is the intention of the Parties that all costs and proceeds of such litigation are to be borne [*] by the Parties. Subject to any circumstance under which a Party declines to participate in any enforcement proceeding as provided in Section 7.3 above, IPC and ELITE shall jointly have control of any such litigation, including as regards choice of counsel and settlement terms.

RESPONSIBILITY FOR LITIGATION. For the avoidance of doubt, it is the intention of the Parties that a commercialization partner or Licensee shall bear the primary responsibility for all products liability litigation, patent or other intellectual property litigation, or litigation in relation to the regulatory approval of the Product. To the extent that such litigation expenses are not borne by such commercialization partner or Licensee, or to the extent that either Party is required by operation of law to take part in such litigation in any way, it is the intention of the Parties that all costs and proceeds of such litigation are to be borne [*[ ] by the Parties. Subject to any circumstance under which a Party declines to participate in any enforcement proceeding as provided in Section 7.3 above, IPC and ELITE shall jointly have control of any such litigation, including as regards choice of counsel and settlement terms.

RESPONSIBILITY FOR LITIGATION. For the avoidance of doubt, it is the intention of the Parties that a commercialization partner or Licensee shall bear the primary responsibility for all products liability litigation, patent or other intellectual property litigation, or litigation in relation to the regulatory approval of the Product. To the extent that such litigation expenses are not borne by such commercialization partner or Licensee, or to the extent that either Party is required by operation of law to take part in such litigation in any way, it is the intention of the Parties that all costs and proceeds of such litigation are to be borne [*[ * ] by ELITE and [ * ] ORIT by the Parties. Subject to any circumstance under which a Party declines to participate in any enforcement proceeding as provided in Section 7.3 above, IPC ORIT and ELITE shall jointly have control of any such litigation, including as regards choice of counsel and settlement terms.