REVOCATION PROCEEDINGS Sample Clauses

REVOCATION PROCEEDINGS. A. In the event either party becomes aware of the institution by a third party of any proceedings for the revocation of any Patent, patents or Improvements in any country in the Territory licensed hereunder to Bioenvision, such party shall notify the other party promptly. Bioenvision shall defend any such proceedings at its own expense, in its own name. B. Orion shall have the right to participate in such revocation proceedings at Bioenvision's expense, and will lend its name to such proceedings if requested by Bioenvision or required by law. Sublicensees of Bioenvision shall also have the right to participate in such revocation proceedings. C. Settlement of any revocation proceedings shall be subject to the approval of Orion; such approval shall not be unreasonably withheld.
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REVOCATION PROCEEDINGS. A. In the event either party becomes aware of the institution by a third party of any proceedings for the revocation of any Patent, patents or Improvements in any country in the Territory licensed hereunder to Eurobiotech, such party shall notify the other party promptly. Eurobiotech shall defend any such proceedings at its own expense, in its own name. B. SRI shall have the right to participate in such revocation proceedings at Eurobiotech's expense, and will lend its name to such proceedings if requested by Eurobiotech or required by law. Sublicensees of Eurobiotech shall also have the right to participate in such revocation proceedings.
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REVOCATION PROCEEDINGS. (i) In the event either party becomes aware of the institution by a third party of any proceedings for the revocation of the Vaccine Patents or any patents assigned to Cheil covering Improvements in the Territory, such party shall immediately notify the other party in writing, and following such notification, the parties shall confer on bow to handle such third party proceeding. The parties acknowledge that for revocation proceedings, Cheil, in accordance with the Cheil License Agreement, shall have the first right, but not the obligation, at Cheil’s cost and expense, to: (a) defend such revocation proceedings or (b) in Cheil’s sole good faith discretion, settle such revocation proceedings with such third party. All such actions defended pursuant to this Section 6.3(i) shall be in Cheil’s own name and entirely under its own direction and control. At Cheil’s cost and expense, InterCell and VaccGen will reasonably assist Cheil in such proceedings if so requested by Xxxx!, and will lend its name to such proceedings if requested by Cheil or required by law. Notwithstanding the foregoing, InterCell and VaccGen shall have the right to participate and be represented in any such proceedings by their own counsel at their own cost and expense. (ii) If Cheil elects :lot to defend or settle any proceedings for revocation described in Section 6.3(i) within [***] after becoming aware of the proceeding, then VaccGen shall have the right, but not the obligation, to defend or settle such proceedings at its own cost and expense and entirely under its own direction and control. At VaccGen’s cost and expense, InterCell will reasonably assist VaccGen in such proceedings if so requested by VaccGen or required by law. Notwithstanding the foregoing, InterCell shall have the right to participate and be represented in any such proceedings by its own counsel at its own expense.
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REVOCATION PROCEEDINGS. In the event either party becomes aware of the institution by a third party of any proceedings for the revocation of any Patent, patents or Improvements in any country in the Territory licensed hereunder to Bioheal, such party shall notify the other party promptly. Bioheal shall defend any such proceedings at its own expense, in its own name.
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REVOCATION PROCEEDINGS. 17.1 BTG shall notify Onyx of the commencement of any Revocation Proceedings. 17.2 Except as set forth in Clause 16.8, BTG shall have the first right but not the obligation to defend the Revocation Proceedings. 17.3 If BTG does not wish to defend or continue to defend Revocation Proceedings then BTG shall promptly notify Onyx and Onyx may at Onyx’s own cost and expense defend or continue to defend the Revocation Proceedings referred to in BTG’s notice provided that, where such Revocation Proceedings are being defended or continued in BTG’s name, Onyx shall indemnify and hold harmless BTG against any and all liability, damage, costs and expenses (including awards of costs and damages) incurred by BTG arising out of Onyx’s continuation of such Revocation Proceedings. 17.4 Subject to the availability of suitably qualified staff, each party shall provide the other party with such assistance as the other party shall reasonably request in connection with any Revocation Proceedings. The party requesting such assistance shall pay the other party’s reasonable out-of-pocket expenses properly incurred in providing the requested assistance. 17.5 For the avoidance of doubt, in no circumstances shall BTG be required to refund any payments made under this Agreement and in accordance with its terms, including in the case where a Licensed Patent is wholly or partly revoked, cancelled or otherwise ceases to be in force.
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REVOCATION PROCEEDINGS. If either party becomes aware of the institution by a Third Party of any proceeding for the revocation of any SRI Patent in any country in the Asian Territories, such party will promptly notify the other party. Bioenvision shall have the right to defend any such proceeding at its own expense and in its own name, provided that SRI will fully cooperate with Bioenvision in such proceeding, including lending its name to such proceeding if requested by Bioenvision or required by law. SRI will have the right to participate in such proceeding at its own expense. Any settlement affecting SRI's rights in such SRI Patent must be with SRI's prior approval, which approval shall not be unreasonably withheld.
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REVOCATION PROCEEDINGS. 14.1 In the event either party becomes aware of the institution by a third party of any proceedings for the revocation of any Patents or Improvements in any country in the Territory, such party shall promptly notify the other party. Bioenvision shall defend any such proceedings at its own expense, in its own name. 14.2 Ilex shall have the right to participate in such revocation proceedings in the USA and Canada at Ilex's expense, and Bioenvision will lend its name to such proceedings if requested by Ilex or required by law to prosecute, defend or maintain any such action. Sublicensees of Ilex, which were granted in accordance with the terms of this Agreement, shall also have the right to participate in such revocation proceedings at their own cost.
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REVOCATION PROCEEDINGS. 8.5.1 Xenova shall promptly notify Oxxon of the commencement of any Revocation Proceedings. 8.5.2 Xenova shall have the right but not the obligation to defend the Revocation Proceedings.
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REVOCATION PROCEEDINGS. 12 15. INFRINGMENT OF THIRD PARTY RIGHTS .................................. 13 16. REPRESENTATIONS .................................................... 13 17. DISCLAIMER ......................................................... 14 18. INDEMNIFICATION .................................................... 14
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Related to REVOCATION PROCEEDINGS

  • Litigation; Proceedings Except as specifically disclosed in the Disclosure Materials, there is no action, suit, notice of violation, proceeding or investigation pending or, to the best knowledge of the Company, threatened against or affecting the Company or any of its Subsidiaries or any of their respective properties before or by any court, governmental or administrative agency or regulatory authority (federal, state, county, local or foreign) which (i) adversely affects or challenges the legality, validity or enforceability of any Transaction Document or the Securities or (ii) could, individually or in the aggregate, have or result in a Material Adverse Effect.

  • Arbitration Proceedings Arbitration between the parties will be subject to the following:

  • Actions; Proceedings There are no actions, suits or proceedings pending or, to the knowledge of the Assignor, threatened, before or by any court, administrative agency, arbitrator or governmental body (A) with respect to any of the transactions contemplated by this Assignment Agreement or (B) with respect to any other matter that in the judgment of the Assignor will be determined adversely to the Assignor and will, if determined adversely to the Assignor, materially adversely affect its ability to perform its obligations under this Assignment Agreement.

  • Suits, Actions, Proceedings If an Event of Default shall occur and be continuing, and whether or not the Agent shall have accelerated the maturity of Loans pursuant to any of the foregoing provisions of this Section 9.2, the Agent or any Bank, if owed any amount with respect to the Loans, may proceed to protect and enforce its rights by suit in equity, action at law and/or other appropriate proceeding, whether for the specific performance of any covenant or agreement contained in this Agreement or the other Loan Documents, including as permitted by applicable Law the obtaining of the ex parte appointment of a receiver, and, if such amount shall have become due, by declaration or otherwise, proceed to enforce the payment thereof or any other legal or equitable right of the Agent or such Bank; and

  • Litigation and Proceedings There are no actions, suits, proceedings, or investigations pending or, to the knowledge of the Company after reasonable investigation, threatened by or against the Company or affecting the Company or its properties, at law or in equity, before any court or other governmental agency or instrumentality, domestic or foreign, or before any arbitrator of any kind. The Company does not have any knowledge of any material default on its part with respect to any judgment, order, injunction, decree, award, rule, or regulation of any court, arbitrator, or governmental agency or instrumentality or of any circumstances which, after reasonable investigation, would result in the discovery of such a default.

  • Pending Proceedings Borrower is not in default under any law or regulation or under any order of any court, board, commission or agency whatsoever, and there are no claims, actions, suits or proceedings pending or, to the knowledge of Borrower, threatened against or affecting Borrower or the Development, at law or in equity, before or by any court, board, commission or agency whatsoever which might, if determined adversely to Borrower, materially affect Borrower's ability to repay the Loan or impair the security to be given to the County pursuant hereto.

  • Actions and Proceedings Lender has the right to appear in and defend any action or proceeding brought with respect to the Property and to bring any action or proceeding, in the name and on behalf of Borrower, which Lender, in its discretion, decides should be brought to protect its interest in the Property.

  • Administrative Proceedings With a view to administering in a consistent, impartial, and reasonable manner all measures of general application affecting matters covered by this Agreement, each Party shall ensure, in its administrative proceedings applying measures to particular persons, goods, or services of the other Party in specific cases, that: (a) wherever possible, persons of the other Party that are directly affected by a proceeding are provided with reasonable notice, in accordance with the Party's procedures, when a proceeding is initiated, including a description of the nature of the proceeding, a statement of the legal authority under which the proceeding is initiated, and a general description of any issues in controversy; (b) such persons are afforded a reasonable opportunity to present facts and arguments in support of their positions prior to any final administrative action, when time, the nature of the proceeding, and the public interest permit; and (c) its procedures are in accordance with its law.

  • Court Proceedings The Purchaser shall cooperate with and assist the Company in seeking the Interim Order and the Final Order, including by providing to the Company on a timely basis any information required by applicable Law to be supplied by the Purchaser in connection therewith as requested by the Company in writing. In connection with all Court proceedings relating to obtaining the Interim Order and the Final Order, the Company shall: (a) diligently pursue, and cooperate with the Purchaser in diligently pursuing, the Interim Order and the Final Order; (b) provide legal counsel to the Purchaser with a reasonable opportunity to review and comment upon drafts of all material to be filed with the Court in connection with the Arrangement, and give reasonable consideration to all such comments; (c) provide the Purchaser on a timely basis with copies of any notice of appearance, evidence or other documents served on the Company or its legal counsel in respect of the application for the Interim Order or the Final Order or any appeal from them, and any notice, written or oral, indicating the intention of any Person to appeal, or oppose the granting of, the Interim Order or the Final Order; (d) ensure that all material filed with the Court in connection with the Arrangement is consistent with this Agreement and the Plan of Arrangement; (e) not file any material with the Court in connection with the Arrangement or serve any such material, or agree to modify or amend any material so filed or served, except as contemplated by this Agreement or with the Purchaser’s prior written consent, such consent not to be unreasonably withheld, conditioned or delayed, provided that the Purchaser shall not be required to agree or consent to any increase in the consideration or other modification or amendment to such filed or served materials that expands or increases the Purchaser’s obligations, or diminishes or limits the Purchaser’s rights, set forth in any such filed or served materials or under this Agreement; (f) oppose any proposal from any Person that the Final Order contain any provision inconsistent with this Agreement, and if required by the terms of the Final Order or by Law to return to Court with respect to the Final Order do so only after notice to the Purchaser, and affording the Purchaser an opportunity to consult regarding same which is reasonable in the circumstances; and (g) not object to legal counsel to the Purchaser making such submissions on the hearing of the motion for the Interim Order and the application for the Final Order as such counsel considers appropriate, provided that the Purchaser advises the Company of the nature of any such submissions prior to the hearing and such submissions are consistent with this Agreement and the Plan of Arrangement.

  • Litigation; Governmental Proceedings There is no action, suit, proceeding, inquiry, arbitration, investigation, litigation or governmental proceeding pending or, to the Company’s knowledge, threatened against, or involving the Company or, to the Company’s knowledge, any executive officer or director which has not been disclosed in the Registration Statement, the Pricing Disclosure Package and the Prospectus or in connection with the Company’s listing application for the listing of the Public Securities on the Exchange.

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