Suspected Infringement will promptly inform Stanford of any suspected infringement of a Licensed Patent by a third party.
Suspected Infringement. Licensee agrees to immediately notify OCP in writing of any suspected infringement of the Certification Marks in any jurisdiction of which Licensee becomes aware. Licensee agrees to notify OCP of any claims made against it, adverse to or conflicting with OCP’s exclusive ownership of the Certification Marks. OCP may, in its sole discretion, enforce its rights in the Certification Marks to stop unauthorized use of the Certification Marks, at its OCP’s own expense, and will retain all recoveries thereby received.
Suspected Infringement. 5.4.1 Either Party shall promptly (upon becoming aware) notify the other Party in writing of:
(a) any conduct of a Third Party that such Party reasonably believes to be, or reasonably believes to be likely to be, an infringement, misappropriation or other violation of any Intellectual Property Rights licensed to such Party hereunder; or
(b) any allegations made to such Party by a Third Party that any Intellectual Property Rights licensed hereunder are invalid, subject to cancellation, unenforceable, or are a misappropriation of any Intellectual Property Rights of a Third Party.
5.4.2 In the event that a Party has provided the other Party a notification pursuant to Section 5.4.1 above, and the other Party decides not to take any action against the Third Party, the other Party may approve in writing that such Party shall be entitled to itself take action against the Third Party at its own cost. If the other Party approves, it shall provide reasonable assistance to such Party, as requested by such Party at its own expense. If the other Party does not approve to such Party taking such action, the issue should be escalated to the relevant governance forum on high governance level for decision.
5.4.3 For the avoidance of doubt, Volvo Cars has no responsibility in relation to Polestar in the event the Volvo Technology and/or the Polestar Technology is alleged to infringe in any Third Party’s Intellectual Property Rights and as a consequence Volvo Cars has no obligation to defend and hold Polestar harmless from and against any alleged infringements, except as set forth in Section 11.3 below. Likewise, Polestar has no responsibility in relation to Volvo Cars in the event any Polestar Technology licensed back to Volvo Cars hereunder is alleged to infringe in any Third Party’s Intellectual Property Rights and as a consequence Polestar has no obligation to defend and hold Volvo Cars harmless from and against any alleged infringements, except as set forth in Section 11.2 below.
Suspected Infringement. The Party to whom the license in Section 5.3 is granted, shall promptly (upon becoming aware) notify the Results Owner in writing of: (a) any conduct of a Third Party that the Party reasonably believes to be, or reasonably believes to be likely to be, an infringement, misappropriation or other violation of any Intellectual Property Rights licensed to the Party hereunder by a Third Party; or (b) any allegations made to the Party by a Third Party that any Intellectual Property Rights licensed hereunder are invalid, subject to cancellation, unenforceable, or is a misappropriation of any Intellectual Property Rights of a Third Party. In the event that the Party has provided the Results Owner a notification pursuant to Section 5.4.1(a) above, and the Results Owner decides not to take any action against the Third Party, the Results Owner may approve in writing that the other Party shall be entitled to itself take action against the Third Party at its own cost. If the Results Owner approves, it shall provide reasonable assistance to the other Party, as requested by the other Party at the other Party’s expense. If the Results Owner does not approve to the other Party taking such action, the issue should be escalated to the Strategic Board for decision. For the avoidance of doubt, the Results Owner has no responsibility in the event the Results are alleged to infringe in any Third Party’s Intellectual Property Rights and the Results Owner has, except for what is set out above in this Section 5.4 no obligation to defend and hold the other Party harmless from and against any alleged infringements.
Suspected Infringement. 5.2.1 The Licensee shall promptly (upon becoming aware) notify the Licensor in writing of:
(a) any conduct of a Third Party that the Party reasonably believes to be, or reasonably believes to be likely to be, an infringement, misappropriation or other violation of the Licensed Intellectual Property by a Third Person; or
(b) any allegations made to Licensee by a Third Party that any Intellectual Property Rights licensed hereunder are invalid, subject to cancellation, unenforceable, or is a misappropriation of any Intellectual Property Rights of a Third Party.
5.2.2 In the event that the Licensee has provided the Licensor with a notification in writing pursuant to Section 5.2.1 above, and Licensor decides not to take any action against the Third Party, Licensor may approve in writing that Licensee shall be entitled to itself take action against the Third Party at the Licensee’s own cost. If Licensor approves, it shall provide reasonable assistance to Licensee, as requested by Licensee at Licensee’s expense. If Licensor does not approve Licensee taking such action, the issue should be escalated to the Strategic Board for decision.
Suspected Infringement. The Trust shall immediately notify the Adviser of any unauthorized use and/or suspected infringement of the Marks of which it is or becomes aware. Such notification shall include, without limitation, immediately forwarding to the Adviser any and all documents relating to any such unauthorized use or suspected infringement and providing the Adviser with any and all facts and circumstances relating to such unauthorized use or suspected infringement.
Suspected Infringement. 3.2.1 Each Party shall promptly (upon becoming aware) notify the other Party in writing of:
a) any conduct of a Third Party that a Party reasonably believes to be, or reasonably believes to be likely to be, an infringement, misappropriation or other violation of any Intellectual Property Rights licensed to Distributor hereunder by a Third Party; or
b) any allegations made to a Party by a Third Party that any Intellectual Property Rights licensed hereunder are invalid, subject to cancellation, unenforceable, or is a misappropriation of any Intellectual Property Rights of a Third Party (“Claim”).
3.2.2 In the event that Distributor has provided Principal a notification pursuant to Section 3.2.1a) above, and Principal decides not to take any action against the Third Party, Principal may approve in writing that Distributor shall be entitled to itself take action against the Third Party at its own cost. If Principal approves, it shall provide reasonable assistance to Distributor, as requested by Distributor at Distributor’s expense. If Principal does not approve to Distributor taking such action, the issue should be escalated to the Strategic Board for decision.
3.2.3 The Parties shall in good faith review the feasibility to mitigate the consequences of any Claim. Distributor shall have no obligation to continue any obligation or undertaking as described under Section 4 as long and only in so far as they are related to a Claim.
Suspected Infringement. The Party to whom the license in Section 5.3 is granted, shall promptly (upon becoming aware) notify the Results Owner in writing of: (a) any conduct of a Third Party that the Party reasonably believes to be, or reasonably believes to be likely to be, an infringement, misappropriation or other violation of
Suspected Infringement. Ocean will promptly inform Stanford of any suspected infringement of a Licensed Patent by a third party.
Suspected Infringement. 6.4.1 For the avoidance of doubt, neither Party shall have any responsibility towards the other Party in the event the Results are alleged to infringe in any Third Party’s Intellectual Property Rights and neither Party shall have any obligation to defend and hold the other Party harmless from and against any alleged infringements.
