Common use of Right To Abandon Clause in Contracts

Right To Abandon. If the Party controlling the enforcement or defense of any Patent Right in accordance with this Section 9.3 decides to abandon such enforcement or defense of such Patent Right, it shall so notify the other Party and the other Party shall have the right to take over the enforcement or defense of such Patent Right at its own expense and discretion, in which case the original enforcing or defending Party shall assign all of its rights and interest in such enforcement or defense to the other Party and shall waive any right to recovery with respect thereto under Section 9.3(g). Either Party may avoid sharing the costs associated with any enforcement or defense of a Patent Right governed by this Section 9.3 by assigning all of its rights and interests therein to the other Party without further consideration. Costs incurred prior to such assignment shall be shared 70 (Alexion)/30 (XOMA) between the Parties (except as set forth in Section 9.2(b)).

Right To Abandon. If the Party controlling the enforcement or defense of any Patent Right in accordance with this Section 9.3 10.3 decides to abandon such enforcement or defense of such Patent Right, it shall so notify the other Party and the other Party shall have the right to take over the enforcement or defense of such Patent Right at its own expense and discretion, in which case the original enforcing or defending Party shall assign all of its rights and interest in such enforcement or defense to the other Party and shall waive any right to recovery with respect thereto under Section 9.3(g10.3(g). Either Party may avoid sharing the costs associated with any enforcement or defense of a Patent Right governed by this Section 9.3 10.3 by assigning all of its rights and interests therein to the other Party without further consideration. Costs incurred prior to such assignment shall be shared 70 (Alexion)/30 (XOMA) between the Parties (except borne as otherwise set forth in this Section 9.2(b))10.3.