Common use of Sharing of Litigation and Settlement Expenses Clause in Contracts

Sharing of Litigation and Settlement Expenses. The costs incurred (a) in responding to or defending against a challenge to or infringement of a Party's Patent Rights specific to the Field or a charge that the manufacture, use or sale of Collaboration Products infringe upon the Patent Rights of Third Parties, (b) in settling any such actions, which may not be done without the prior written consent of the Steering Committee, which consent shall not be unreasonably withheld or delayed, and (c) as damages paid as a result of such actions shall be deemed Program Costs.

Appears in 4 contracts

Samples: Collaboration Agreement (Dyax Corp), Collaboration Agreement (Dyax Corp), Collaboration Agreement (Dyax Corp)

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Sharing of Litigation and Settlement Expenses. The costs incurred (a) in responding to or defending against a challenge to or infringement of a Party's ’s Patent Rights specific that relate to the Field Program, or defending against a charge that the manufacture, use or sale of Collaboration Products infringe upon the Patent Rights of Third Parties, and in assisting in connection with any of the foregoing, (b) in settling any such actions, which may not be done without the prior written consent of the Steering Committee, which consent shall not be unreasonably be withheld or delayed, and (c) as damages paid as a result of such actions actions, shall be deemed Program Costs.

Appears in 2 contracts

Samples: License and Collaboration Agreement, License and Collaboration Agreement (Cambridge Antibody Technology Group PLC)

Sharing of Litigation and Settlement Expenses. The costs incurred (ai) in responding to or defending against a challenge to or infringement of a Party's Patent Rights specific to the Field or a charge that the manufacture, use or sale of Collaboration Products infringe upon the Patent Rights of Third Parties, (bii) in settling any such actions, which may not be done without the prior written consent of the Steering Committee, which consent shall not be unreasonably withheld or delayed, and (ciii) as damages paid as a result of such actions shall be deemed Program Costs.

Appears in 2 contracts

Samples: Collaboration Agreement (Geltex Pharmaceuticals Inc), Collaboration Agreement (Geltex Pharmaceuticals Inc)

Sharing of Litigation and Settlement Expenses. The costs incurred (a) in responding to or defending against a challenge to or infringement of a Party's Patent Rights specific to the Field or a charge that the manufacture, use or sale of Collaboration Products infringe upon the Patent Rights of Third Parties, (b) in settling any such actions, which may not be done without the prior written consent of the Steering Committee, which consent shall not be unreasonably withheld or delayed, and (c) as damages paid as a result of such actions shall be deemed Program Costs.

Appears in 2 contracts

Samples: Collaboration Agreement (GTC Biotherapeutics Inc), Collaboration Agreement (Genzyme Transgenics Corp)

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Sharing of Litigation and Settlement Expenses. The costs incurred --------------------------------------------- incurred (a) in responding to or defending against a challenge to or infringement of a Party's Patent Rights specific that relate to the Field Program, or defending against a charge that the manufacture, use or sale of Collaboration Products infringe upon the Patent Rights of Third Parties, and in assisting in connection with any of the foregoing, (b) in settling any such actions, which may not be done without the prior written consent of the Steering Committee, which consent shall not be unreasonably be withheld or delayed, and (c) as damages paid as a result of such actions actions, shall be deemed Program Costs.

Appears in 1 contract

Samples: License and Collaboration Agreement (Cambridge Antibody Technology Group PLC)

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