Common use of Third Party Litigation Clause in Contracts

Third Party Litigation. In the event that a Third Party institutes a Patent, Trademark or other infringement suit (including any suit alleging the invalidity or unenforceability of the Patents of a Party or its Affiliates, or claiming confusion, deception or dilution of a Trademark by a Product Trademark) against either Party or its respective Affiliates, licensees or permitted sublicensees during the Term, alleging that the Exploitation of the Collaboration Products in the Territory or any other activities hereunder, infringes one or more Patent, Trademark or other intellectual property rights held by such Third Party (an "Infringement Suit"), the Parties shall cooperate with one another in defending such suit. Except with respect to the Medarex Technology or the Seattle Genetics Technology, the Parties shall jointly direct and control any Infringement Suit with respect to Collaboration Products or any Joint Patents; provided, however, that no Party shall cease to defend, settle or otherwise dispose of a suit with respect to any intellectual property of the other Party without the prior written consent of such other Party. Each Party shall have the sole right to direct and control (including the right to cease to defend, settle or compromise) any Infringement Suit with respect to its Technology. The Parties shall [*] percent ([*]%) of any costs and expenses of such defense, except with respect to the Medarex Technology or the Seattle Genetics Technology, where Seattle Genetics and Medarex, respectively, shall only [*] percent ([*]%) of those costs and expenses with respect to the Exploitation of Collaboration Products and the other activities of the Parties hereunder.

Third Party Litigation. In the event that a Third Party institutes a Patent, Trademark or other infringement suit (including any suit alleging the invalidity or unenforceability of the Patents of a Party or its Affiliates, or claiming confusion, deception or dilution of a Trademark by a Product Trademark) against either any Party or its respective Affiliates, licensees or permitted sublicensees during the Term, alleging that the Exploitation of the Collaboration Unilateral Products in the Territory or any other activities hereunder, infringes one or more Patent, Trademark or other intellectual property rights held by such Third Party (an "Infringement SuitINFRINGEMENT SUIT"), the Parties shall cooperate with one another in defending such suit. Except with respect to the Medarex Technology or the Seattle Genetics Technology, the Parties deCODE shall jointly direct and control control, at its sole cost and expense, any Infringement Suit with respect to Collaboration the Unilateral Products or (excluding any Joint PatentsInfringement Suit with respect to the Mice-Related Technology as to which Medarex shall retain the exclusive right to direct and control); provided, however, that no Party deCODE shall not cease to defend, settle or otherwise dispose of a suit with respect to any intellectual property of the other Party Medarex or Genmab without the Medarex's or Genmab's, respectively, prior written consent of such other Partyconsent. Each Party shall have the sole right to direct and control (including the right to cease to defend, settle or compromise) any Infringement Suit with With respect to its Technology. The Parties the Collaboration Patents, the Collaborators shall [*] each bear fifty percent ([*]50%) of any costs and expenses of such defense; provided, except with respect to the Medarex Technology or the Seattle Genetics TechnologyExploitation of Unilateral Products, where Seattle Genetics and Medarex, respectively, deCODE shall only [*] bear one hundred percent ([*]100%) of those costs and expenses. With respect to the Joint Patents, the Collaborators shall each bear fifty percent (50%) of any costs and expenses of such defense; provided, with respect to the Exploitation of Collaboration Products Unilateral Products, deCODE shall bear one hundred percent (100%) of those costs and the other activities of the Parties hereunderexpenses.

Third Party Litigation. In the event that a Third Party institutes a Patent, Trademark or other infringement suit (including any suit alleging the invalidity or unenforceability of the Patents of a Party or its Affiliates, or claiming confusion, deception or dilution of a Trademark by a Product Trademark) against either any Party or its respective Affiliates, licensees or permitted sublicensees during the Term, alleging that the Exploitation of the Collaboration Products in the Territory or any other activities hereunder, infringes one or more Patent, Trademark or other intellectual property rights held by such Third Party (an "Infringement SuitINFRINGEMENT SUIT"), the Parties shall cooperate with one another in defending such suit. Except with respect to the Medarex Technology, Genmab Technology or the Seattle Genetics deCODE Technology, the Parties Collaborators shall jointly direct and control any Infringement Suit with respect to Collaboration Products or any Joint Collaboration Patents; provided, however, that no Party shall cease to defend, settle or otherwise dispose of a suit with respect to any intellectual property of the other another Party without the prior written consent of such other Party. Each Party shall have the sole right to direct and control (including the right to cease to defend, settle or compromise) any Infringement Suit with respect to its Technology. The Parties Collaborators shall [*] each bear fifty percent ([*]50%) of any costs and expenses of such defense, except with respect to the Medarex Technology, Genmab Technology or the Seattle Genetics deCODE Technology, where Seattle Genetics and Medarex, respectively, the Collaborators shall only [*] each be responsible for fifty percent ([*]50%) of those costs and expenses only with respect to (i) the Exploitation of Collaboration Products and the other activities of the Parties hereunder, and (ii) Collaboration Targets for which a legal opinion was obtained pursuant to Section 1.2.9.