Surrender of Patent Rights. If Licensee provides NCSU with written notification that it will no longer support the filing, prosecution, or maintenance of a specified patent(s) and/or patent application(s) within the Patent Rights and/or Plant Variety Rights, then Licensee’s responsibility for fees and costs related to the filing, prosecution, and maintenance of such subject Patent Rights and/or Plant Variety Rights will terminate sixty (60) days after NCSU’s receipt of such written notification. However, in such instances, sixty (60) days after NCSU’s receipt of written notification, such patents and/or patent applications will no longer be included in Patent Rights and/or Plant Variety Rights (and Appendix A is deemed to be so amended accordingly), and Licensee surrenders all rights under this License Agreement to such patents, patent applications, and any patents issuing therefrom.
Surrender of Patent Rights. If Licensee provides NCSU with written notification that it will no longer support the filing, prosecution, or maintenance of a specified patent(s) and/or patent application(s) within the Patent Rights, then Licensee's responsibility for fees and costs related to the filing, prosecution, and maintenance of such subject Patent Rights will terminate sixty (60) days after NCSU’s receipt of such written notification. However, in such instances, sixty (60) days after NCSU’s receipt of written notification, such patents and/or patent applications will no longer be included in Patent Rights (and Appendix A is deemed to be so amended accordingly), and Licensee surrenders all rights under this Agreement to such patents, patent applications, and any patents issuing therefrom.
Surrender of Patent Rights. VICAL may elect to surrender its license under the Patent Rights with respect to any foreign country or countries upon sixty (60) days written notice to COH. If VICAL makes such an election, then VICAL’s license under Section 2.1 shall terminate with respect to those countries, the definitions of Patent Rights in Section 1.10 and Territory in Section 1.12 shall be deemed to exclude those countries, and VICAL shall have no further obligation to reimburse COH for any activities under Section 7.1 related solely to patents or patent applications in those countries; provided, however, that VICAL shall not be relieved from responsibility to reimburse COH for any expenses incurred prior to the expiration of the sixty (60)-day notice period (or such longer period specified in VICAL’s notice).
