Common use of Termination Due to Infringement Clause in Contracts

Termination Due to Infringement. In the event the Alleged infringing Party is unable to effectuate either 5.4(a), 5.4(b) or 5.4(c) above within one hundred twenty (120) days of service of notice of such claim upon the other party, then the other party may terminate this Agreement and shall have the right to pursue any remedy at law or in equity resulting therefrom.

Appears in 4 contracts

Samples: Development, License and Supply Agreement (Reliant Pharmaceuticals, Inc.), Development, License and Supply Agreement (Reliant Pharmaceuticals, Inc.), Development, License and Supply Agreement (Reliant Pharmaceuticals, Inc.)

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Termination Due to Infringement. In the event the Alleged infringing Infringing Party is unable to effectuate either 5.4(a), 5.4(b) or 5.4(c) above within one hundred twenty (120) days of service of notice of such claim upon the other party, then the other party may terminate this Agreement and shall have the right to pursue any remedy at law or in equity resulting therefrom.

Appears in 1 contract

Samples: Development, License and Supply Agreement (Eurand N.V.)

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