Common use of Third Party Infringements Clause in Contracts

Third Party Infringements. (a) Suits for Infringement of the EpiCept Licensed Patents and EpiCept Improvements. If EpiCept or Endo becomes aware of infringement of any Patent included in the EpiCept Licensed Patents or EpiCept Improvements by a Third Party in the Territory, such Party shall promptly notify the other Party in writing to that effect and provide a summary of the relevant facts and circumstances known to such Party relating to such infringement ("Infringement Notice"). EpiCept shall have the right, at its sole discretion, on its own behalf, to institute, prosecute and control any action or proceeding to restrain infringement of any EpiCept Licensed Patents or EpiCept Improvements licensed to Endo hereunder. Endo agrees to be joined as a Party plaintiff if necessary to prosecute the action or proceeding and shall provide all reasonable cooperation, including any necessary use of its name, required to prosecute such litigation. EpiCept shall have sole control of any such suit and all negotiations for its settlement or compromise, provided that, EpiCept shall not settle or compromise any such suit or enter into any consent order for the settlement or compromise thereof without the prior written consent of Endo, which consent shall not be unreasonably withheld, conditioned or delayed.

Third Party Infringements. (a) Suits for Infringement of the EpiCept Licensed Patents and EpiCept Improvements. If EpiCept or Endo either Party becomes aware of infringement of any Patent included in the EpiCept Licensed Patents or EpiCept Improvements by a Third Party third party in the Territory, such Party shall promptly notify the other Party in writing to that effect and provide a summary of the relevant facts and circumstances known to such Party relating to such infringement ("Infringement Notice")infringement. Upon Durect’s written request, EpiCept and Durect shall consult with EpiCept’s licensees under the EXXXX Licenses to determine how best to proceed. If not contrary to the EXXXX Licenses, as between EpiCept and Durect, EpiCept shall have the right, at its sole discretion, on its own behalf, behalf to institute, prosecute and control any action or proceeding to restrain infringement of any EpiCept Licensed Patents or EpiCept Improvements licensed to Endo hereunderDurect under this Agreement. Endo agrees Durect agrees, at the sole cost and expense of EpiCept, to be joined as a Party plaintiff if necessary to prosecute the action or proceeding by EpiCept and shall provide all reasonable cooperation, including any necessary use of its name, required to prosecute such litigation. EpiCept shall have sole control of any such suit and all negotiations for its settlement or compromise, provided that, that EpiCept shall not settle or compromise any such suit or enter into any consent order for the settlement or compromise thereof without the prior written consent of EndoDurect, which such consent shall not be unreasonably withheld, conditioned or delayed.

Third Party Infringements. (a) Suits for Infringement of the EpiCept Licensed Patents and EpiCept Improvements. If EpiCept or Endo becomes aware of infringement of any Patent included in the EpiCept Licensed Patents or EpiCept Improvements by a Third Party in the Territory, such Each Party shall promptly notify the other Party in writing to that effect and provide a summary of any actual or suspected infringement of any Licensed Patent Right, which notification shall specify in reasonable detail the relevant facts and circumstances known to nature of such Party relating to such infringement ("Infringement Notice")actual or suspected infringement. EpiCept LENSAR shall have the right, at right to enforce the Licensed Patent Rights against such infringing activity or to defend any such claim of invalidity filed by a Third Party with respect to the Licensed Patent Rights in the Territory. LENSAR shall keep LICENSOR reasonably informed as to its sole discretion, on its own behalf, strategy and the status of the action. The Parties agree that the costs of such prosecution or defense of validity shall be borne by LENSAR. LENSAR shall be entitled to institute, prosecute and control any action or proceeding to restrain infringement the proceeds of any EpiCept Licensed Patents awards, judgments or EpiCept Improvements licensed to Endo hereundersettlements obtained in connection with an infringement or misappropriation. Endo At LENSAR’s request and expense, LICENSOR agrees to be joined as a Party plaintiff if necessary to prosecute the action or proceeding and shall provide all reasonable furnish LENSAR with such cooperation, including any necessary use consenting to act as a party to litigation if required by Applicable Law, and exchange of its name, required to prosecute such litigation. EpiCept shall have sole control information as LENSAR may reasonably request in connection with the prosecution of any such suit action and all negotiations for its settlement or compromise, provided that, EpiCept LICENSOR agrees that LENSAR shall have final decision-making authority in connection with such actions. LICENSOR shall not settle take any action which would admit or compromise any such suit represent to the invalidity or enter into any consent order for unenforceability, or the settlement or compromise thereof non-infringement by a Third Party, of a Licensed Patent Right without the prior written consent of EndoLENSAR, during the course of a proceeding in which consent shall not be unreasonably withheld, conditioned the Licensed Patent Rights are at issue or delayedotherwise.

Third Party Infringements. (a) Suits for Infringement of the EpiCept BioZone Licensed Patents and EpiCept BioZone Improvements. If EpiCept BioZone or Endo ALCiS becomes aware of infringement of any Patent included in the EpiCept BioZone Licensed Patents or EpiCept BioZone Improvements by a Third Party in the Territory, where such infringement affects the rights licensed under this Agreement, such Party shall promptly notify the other Party in writing to that effect and provide a summary of the relevant facts and circumstances known to such Party relating to such infringement ("“Infringement Notice"”). EpiCept BioZone shall have the right, at its sole discretion, on its own behalf, to institute, prosecute and control any action or proceeding to restrain infringement of any EpiCept BioZone Licensed Patents or EpiCept BioZone Improvements licensed to Endo ALCiS hereunder. Endo ALCiS agrees to be joined as a Party plaintiff if necessary to prosecute the action or proceeding and shall provide all reasonable cooperation, including any necessary use of its name, required to prosecute such litigation. EpiCept BioZone shall have sole control of any such suit and all negotiations for its settlement or compromise, provided that, EpiCept BioZone shall not settle or compromise any such suit or enter into any consent order for the settlement or compromise thereof without the prior written consent of EndoALCiS, which consent shall not be unreasonably withheld, conditioned or delayed.

Third Party Infringements. (a) Suits for Infringement of the EpiCept Licensed Patents and EpiCept Improvements. If EpiCept or Endo either Party becomes aware of infringement of any Patent included * * * Certain information on this page has been omitted and filed separately with the Securities and Exchange Commission. Confidentiality has been requested with respect to the omitted portions. in the EpiCept Licensed Patents or EpiCept Improvements by a Third Party third party in the Territory, such Party shall promptly notify the other Party in writing to that effect and provide a summary of the relevant facts and circumstances known to such Party relating to such infringement ("Infringement Notice")infringement. Upon Durect’s written request, EpiCept and Durect shall consult with EpiCept’s licensees under the XXXXX Licenses to determine how best to proceed. If not contrary to the XXXXX Licenses, as between EpiCept and Durect, EpiCept shall have the right, at its sole discretion, on its own behalf, behalf to institute, prosecute and control any action or proceeding to restrain infringement of any EpiCept Licensed Patents or EpiCept Improvements licensed to Endo hereunderDurect under this Agreement. Endo agrees Durect agrees, at the sole cost and expense of EpiCept, to be joined as a Party plaintiff if necessary to prosecute the action or proceeding by EpiCept and shall provide all reasonable cooperation, including any necessary use of its name, required to prosecute such litigation. EpiCept shall have sole control of any such suit and all negotiations for its settlement or compromise, provided that, that EpiCept shall not settle or compromise any such suit or enter into any consent order for the settlement or compromise thereof without the prior written consent of EndoDurect, which such consent shall not be unreasonably withheld, conditioned or delayed.