Third Party Interests The other parties to this Agreement hereby represents to the Trustee that any account to be opened by, or interest to be held by, the Trustee in connection with this Agreement, for or to the credit of such party, either (i) is not intended to be used by or on behalf of any third party; or (ii) is intended to be used by or on behalf of a third party, in which case such party hereto agrees to complete and execute forthwith a declaration in the Trustee’s prescribed form as to the particulars of such third party.
Third Party Infringement If any Program Patent Right is ------------------------ infringed by a Third Party, the Party to this Agreement first having knowledge of such infringement shall promptly notify the other in writing, which notice shall set forth the facts of such infringement in reasonable detail. Albany shall have the primary right, but not the obligation, to institute, prosecute, and control any action or proceeding with respect to such infringement of its Program Patent Rights, by counsel of its own choice, and Lilly shall have the right, at its own expense, to be represented in such action by counsel of its own choice. Lilly shall have the primary right, but not the obligation, to institute, prosecute, and control any action or proceeding with respect to such infringement of the jointly owned Program Patent Rights, by counsel of its own choice, and Albany shall have the right, at its own expense, to be represented in such action by counsel of its own choice. If the Party having the primary right to institute, prosecute, and control any action or proceeding with respect to such infringement of a Program Patent Rights (the "Initial Controlling Party") shall fail to bring such action or proceeding within a period of one hundred twenty (120) days after receiving written notice from the other Party or otherwise having knowledge of such CONFIDENTIAL INFORMATION HAS BEEN OMITTED PURSUANT TO RULE 406 UNDER THE SECURITIES ACT AND HAS BEEN FILED SEPARATELY WITH THE COMMISSION. THE LOCATIONS OF THE OMITTED INFORMATION HAVE BEEN INDICATED WITH ASTERISKS. infringement, the other Party shall have the right to bring and control any such action by counsel of it's own choice, and the Initial Controlling Party shall have the right, at its own expense, to be represented in any such action by counsel of its own choice. If one Party brings any such action or proceeding, the other Party agrees, if necessary, to be joined as a party plaintiff and to give the first Party reasonable assistance and authority to file and to prosecute such suit. The costs and expenses of all suits brought by either Party under this Section 7.8 shall be reimbursed on a pro-rata basis to both parties out of any damages or other monetary awards recovered therein in favor of Albany and/or Lilly. Any remaining damages shall then belong to the Party bringing and prosecuting such action or proceeding. No settlement or consent judgment or other voluntary final disposition of a suit under this Section 7.8 may be entered into without the joint consent of Albany and Lilly (which consent shall not be withheld unreasonably).
Third Party IP A. To the extent that any Third Party IP is included or incorporated in the Work Product by Grantee, Grantee hereby grants to System Agency, or shall obtain from the applicable third party for System Agency’s benefit, the irrevocable, perpetual, non-exclusive, worldwide, royalty-free right and license, for System Agency’s internal business or governmental purposes only, to use, reproduce, display, perform, distribute copies of, and prepare derivative works based upon such Third Party IP and any derivative works thereof embodied in or delivered to System Agency in conjunction with the Work Product, and to authorize others to do any or all of the foregoing.
Third Party Information I understand, in addition, that the Company has received and in the future will receive from third parties confidential or proprietary information (“Third Party Information”) subject to a duty on the Company’s part to maintain the confidentiality of such information and to use it only for certain limited purposes. During the term of my employment and thereafter, I will hold Third Party Information in the strictest confidence and will not disclose to anyone (other than Company personnel who need to know such information in connection with their work for the Company) or use, except in connection with my work for the Company, Third Party Information unless expressly authorized by an officer of the Company in writing.
Third Party Code The Software may contain or be provided with components which are licensed from third parties (“Third Party Code”), including components subject to the terms and conditions of “open source” software licenses (“Open Source Software”). Open Source Software may be identified in the Documentation, or in a list of the Open Source Software provided to you upon your written request. To the extent required by the license that accompanies the Open Source Software, the terms of such license will apply in lieu of the terms of this Agreement with respect to such Open Source Software, including, without limitation, any provisions governing access to source code, modification or reverse engineering.
