Common use of Separate Representation Clause in Contracts

Separate Representation. The Party not bringing an action with respect to an infringement in the Licensed Territory under this Section 9.5 shall be entitled to separate representation in such matter by counsel of its own choice and [***], but such Party shall at all times cooperate fully with the Party bringing such action.

Appears in 4 contracts

Samples: Collaboration Agreement (Takeda Pharmaceutical Co LTD), Collaboration Agreement (Seattle Genetics Inc /Wa), Collaboration Agreement (Takeda Pharmaceutical Co LTD)

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Separate Representation. The Party not bringing an action with respect to an infringement in the Licensed Territory under this Section 9.5 Article VIII shall be entitled to separate representation in such matter by counsel of its own choice and [***]at its own expense, but such Party shall at all times cooperate fully with the Party bringing such action; provided that to the extent such separate representation is retained and used in connection with any cooperation provision of this Article VIII, the Party bringing such action shall reimburse such cooperating Party for the cost of such counsel, if required under this Article VIII.

Appears in 3 contracts

Samples: Development Collaboration and Exclusive License Agreement (Molecular Templates, Inc.), License Agreement (Molecular Templates, Inc.), License Agreement (Molecular Templates, Inc.)

Separate Representation. The Party not bringing an action with respect to an infringement Infringement in the Licensed Territory under this Section 9.5 shall ARTICLE X will be entitled to separate representation in such matter by counsel of its own choice and [***]at its own expense, but such Party shall will at all times cooperate fully with the Party bringing such action.

Appears in 3 contracts

Samples: Collaboration and License Agreement (Codiak BioSciences, Inc.), Collaboration and License Agreement (Codiak BioSciences, Inc.), Collaboration and License Agreement (Codiak BioSciences, Inc.)

Separate Representation. The Party not bringing an action with respect to an infringement in the Licensed Territory under this Section 9.5 Article 10 shall be entitled to separate representation in such matter by counsel of its own choice and [***]at its own expense, but such Party shall at all times cooperate fully with the Party bringing such action; provided that to the extent such separate representation is retained and used in connection with any cooperation provision of this Article 10 or Article 11, the Party bringing such action shall reimburse such cooperating Party for the cost of such counsel, if required under such Articles.

Appears in 2 contracts

Samples: License Agreement (Mersana Therapeutics, Inc.), License Agreement (Mersana Therapeutics, Inc.)

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Separate Representation. The Party not bringing an action with respect to an infringement a Material Infringement or Misappropriation in the Licensed Territory under this Section 9.5 shall Article VII will be entitled to separate representation in such matter by counsel of its own choice and [***]at its own expense, but such Party shall will at all times cooperate fully with the Party bringing such action.

Appears in 2 contracts

Samples: Collaboration and License Agreement (Ablynx NV), Collaboration and License Agreement (Ablynx NV)

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