Settlement with a Third Party. The Party that controls the prosecution of a given action under subsection 11.3.2 will also have the right to control settlement of such action; provided, however, that no settlement will be entered into with respect to the Licensed Technology without the written consent of Nycomed, such consent not to be unreasonably withheld.
Appears in 3 contracts
Samples: Development, Option and License Agreement, Development, Option and License Agreement (Pozen Inc /Nc), Development, Option and License Agreement (Pozen Inc /Nc)
Settlement with a Third Party. The Party that controls the prosecution of a given action under subsection 11.3.2 this Section 9.4 will also have the right to control settlement of such action; provided, however, that no settlement will be entered into with respect to concerning or affecting the validity or enforceability of (i) the Licensed Technology or the Product Trademarks without the written consent of POZEN or (ii) the Xcel Technology without the written consent of Nycomed, such consent not to be unreasonably withheldXcel.
Appears in 3 contracts
Samples: Collaboration and License Agreement (Xcel Pharmaceuticals Inc), Collaboration and License Agreement (Pozen Inc /Nc), Collaboration and License Agreement (Pozen Inc /Nc)
