Common use of Third Party Infringement Claims Clause in Contracts

Third Party Infringement Claims. If a Party becomes aware of any claim that the Development, Manufacture or Commercialization of the Licensed Product in the Field infringes the Patent Rights of any Third Party in the Licensed Territory, such Party shall promptly notify the other Party. In any such instance, the Parties shall cooperate and shall mutually agree upon an appropriate course of action which may include settlement of such claim. Each Party shall have an equal right to participate in any settlement discussions that are held with such Third Parties.

Appears in 4 contracts

Samples: Option and License Agreement (Aveo Pharmaceuticals, Inc.), Option and License Agreement, Option and License Agreement (Aveo Pharmaceuticals Inc)

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Third Party Infringement Claims. If a Party becomes aware of any claim that the Developmentdevelopment, Manufacture manufacture or Commercialization commercialization of the Licensed Product in the Field infringes the Patent Rights of any Third Party in the Licensed Territory, such Party shall promptly notify the other Party. In any such instance, the Parties shall cooperate and shall mutually agree upon an appropriate course of action which may include settlement of such claim. Each Party shall have an equal right to participate in any settlement discussions that are held with such Third Parties.

Appears in 2 contracts

Samples: Research and License Agreement (Aveo Pharmaceuticals Inc), Research and License Agreement (Aveo Pharmaceuticals Inc)

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