Common use of Termination for Patent Challenges Clause in Contracts

Termination for Patent Challenges. If, during the term of this Agreement, AntriaBio or any of its Affiliates or sublicensees (a) commences or participates in any action or proceeding (including any patent opposition or re-examination proceeding), or otherwise asserts any claim, challenging or denying the validity or enforceability of any claim of XOMA’s or its Affiliates’ patents or patent applications that are licensed to AntriaBio under this Agreement or (b) actively assists any other Person in bringing or prosecuting any action or proceeding (including any patent opposition or re-examination proceeding) challenging or denying the validity or enforceability of any claim of XOMA’s or its Affiliates’ patents or patent applications that are licensed to AntriaBio under this Agreement (each of (a) and (b), a “Patent Challenge”), then, to the extent permitted by applicable laws, XOMA shall have the right, in its sole discretion, to give notice to AntriaBio that XOMA may terminate the license(s) granted to AntriaBio under such patents and applications pursuant to this Agreement thirty (30) days days following such notice, and, unless AntriaBio withdraws or causes to be withdrawn all such Patent Challenge(s) within such thirty (30) day period, XOMA shall have the right to terminate the licenses granted to AntriaBio under such patents and applications pursuant to this Agreement by providing written notice thereof to AntriaBio.

Termination for Patent Challenges. If, during the term of this AgreementTerm, AntriaBio Salubris or any of its Affiliates or sublicensees Sublicensees (ai) commences or participates in any action or proceeding (including any patent opposition or re-examination proceeding), or otherwise asserts any claim, challenging or denying the validity or enforceability of any claim of XOMA’s or its Affiliates’ patents or patent applications that are licensed to AntriaBio under this Agreement a Licensed Patent or (bii) actively assists any other Person Third Party in bringing or prosecuting any action or proceeding (including any patent opposition or re-examination proceeding) challenging or denying the validity or enforceability of any claim of XOMA’s or its Affiliates’ patents or patent applications that are licensed to AntriaBio under this Agreement a Licensed Patent (each of (a) and (b), a “Patent Challenge”), then, to the extent permitted by applicable lawsApplicable Laws, XOMA Viracta shall have the right, in its sole discretion, to give notice to AntriaBio Salubris that XOMA Viracta may terminate the license(s) granted to AntriaBio Salubris under such patents and applications Patents pursuant to this Agreement thirty (30) days [***] days following such notice, and, unless AntriaBio Salubris (i) with respect to Salubris or its Affiliate withdraws or causes its Affiliate to be withdrawn withdraw all such Patent Challenge(s) within such thirty (30) [***] day period, XOMA or (ii) with respect to a Sublicensee either terminate the applicable sublicense agreement or use reasonable efforts to cause such Sublicensee to withdraw such Patent Challenge within such [***] day period, Viracta shall have the right to terminate the licenses granted to AntriaBio Salubris under such patents and applications Patents pursuant to this Agreement by providing written notice thereof to AntriaBioSalubris.