Common use of Termination for Invalidity Challenge Clause in Contracts

Termination for Invalidity Challenge. If Hana or one of its Affiliates intends to assert or actually asserts in any court or other governmental agency of competent jurisdiction (but excluding any Dispute governed by Article 13 herein) that a Patent is invalid, unenforceable, or that no issued Valid Claim embodied in such patent excludes a Third Party from making, having made, using, selling, offering for sale, importing or having imported a Product in such jurisdiction:

Appears in 4 contracts

Samples: License Agreement, License Agreement (TEKMIRA PHARMACEUTICALS Corp), License Agreement (Tekmira Pharmaceuticals Corp)

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Termination for Invalidity Challenge. If Hana or one of its Affiliates intends to assert or actually asserts in any court or other governmental agency of competent jurisdiction (but excluding any Dispute governed by Article 13 herein) that a Licensed Patent is invalid, unenforceable, or that no issued Valid Claim embodied in such patent excludes a Third Party from making, having made, using, selling, offering for sale, importing or having imported a Product in such jurisdiction:

Appears in 1 contract

Samples: License Agreement (Hana Biosciences Inc)

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