Second Right to Respond. If a Party does not exercise its right to respond to or defend against challenges or infringements of its Patent Rights as provided in Section 9.6.1 above within thirty (30) days of becoming aware of or being notified of such challenges or infringements, then the other Party shall have the option to do so at its sole cost; PROVIDED that in such case all amounts so recovered from such Third Party shall be retained by the Party undertaking such response or defense and the Party so responding shall have no further obligations to the other Party with respect to the response or defense thereof.
Appears in 3 contracts
Samples: Collaboration Agreement (Dyax Corp), Collaboration Agreement (Dyax Corp), Collaboration Agreement (Genzyme Corp)
Second Right to Respond. If a Party does not exercise its right to respond to or defend against challenges or infringements of its Patent Rights as provided in Section 9.6.1 above within thirty sixty (3060) days of becoming aware of or being notified of such challenges or infringements, then the other Party shall have the option to do so at its sole cost; PROVIDED provided that in such case all amounts so recovered from such Third Party shall be retained by the Party undertaking such response or defense and the Party so responding shall have no further obligations to the other Party with respect to the response or defense thereof.
Appears in 3 contracts
Samples: Collaboration Agreement (Geltex Pharmaceuticals Inc), Collaboration Agreement (Geltex Pharmaceuticals Inc), Collaboration Agreement (Genzyme Transgenics Corp)
Second Right to Respond. If a Party does not exercise its right to respond to or defend against challenges or infringements of its Patent Rights as provided in Section 9.6.1 above within thirty sixty (3060) days of becoming aware of or being notified of such challenges or infringements, then the other Party shall have the option to do so at its sole cost; PROVIDED provided that in such case all amounts so recovered from such Third Party shall be retained by the Party undertaking such response or defense and the Party so responding shall have no further obligations to the other Party with respect to the response or defense thereof.
Appears in 2 contracts
Samples: Collaboration Agreement (Diacrin Inc /De/), Collaboration Agreement (Diacrin Inc /De/)
Second Right to Respond. If a Party does not exercise its right to respond to or defend against challenges or infringements of its Patent Rights as provided in Section 9.6.1 above within thirty sixty (3060) days of becoming aware of or being notified of such challenges or infringements, then the other Party shall have the option to do so at its sole cost; PROVIDED that in such case all amounts so recovered from such Third Party shall be retained by the Party undertaking such response or defense and the Party so responding shall have no further obligations to the other Party with respect to the response or defense thereof.
Appears in 1 contract
Second Right to Respond. If a Party does not exercise its right to respond to or defend against challenges or infringements of its Patent Rights as provided in Section 9.6.1 above within thirty (30) days of becoming aware of or being notified of such challenges or infringements, then the other Party shall have the option to do so at its sole cost; PROVIDED provided that in such case all amounts so recovered from such Third Party shall be retained by the Party undertaking such response or defense and the Party so responding shall have no further obligations to the other Party with respect to the response or defense thereof.
Appears in 1 contract
Samples: Collaboration Agreement (Dyax Corp)
