Trademark and Patent Infringement. 16.1 Each Party shall give prompt notice to the other if either Party becomes aware of any of the following within the Territory:
Trademark and Patent Infringement. The conduct of the Business by the Vendor does not infringe upon any patent, trademark or other proprietary right, domestic or foreign, of any person in respect of which there is any significant likelihood that it would have a material adverse effect on the Assets or the Business.
Trademark and Patent Infringement. 22.1 Both Prometheus and AstraZeneca shall give prompt notice to the other if either Party becomes aware of:
Trademark and Patent Infringement. CMI shall promptly notify SCJ in writing of, and submit specimens of any instances of, actual or probable infringement known to CMI of the COMMERCIAL MARKS and/or LICENSED TECHNOLOGY. CMI shall likewise notify SCJ of any information or notice that the SCJ LICENSED PRODUCTS infringe patent rights of others or that the COMMERCIAL MARKS infringe trademark rights of others. SCJ shall notify CMI of any lawsuit filed against SCJ by a third party alleging that the SCJ LICENSED PRODUCTS infringe patent rights of others or that the COMMERCIAL MARKS infringe trademark rights of others. SCJ shall have the right to control, and bear the cost incurred in connection with the prosecution and defense of any infringement actions relating to the SCJ LICENSED PRODUCTS, COMMERCIAL MARKS or LICENSED TECHNOLOGY. Nonetheless, CMI shall have the right to participate in (at its own cost) and consult with SCJ in connection with such actions. SCJ shall give good faith consideration to any proposals or recommendations made by CMI regarding strategy or procedure in connection with prosecution or defense of any such infringement action. Any damage award against CMI or SCJ based on CMI’s infringement of a third party’s intellectual property rights shall be the sole responsibility of CMI. If SCJ decides, at its discretion, not to defend or continue to defend an infringement action relating to the SCJ LICENSED PRODUCTS, COMMERCIAL MARKS or LICENSED TECHNOLOGY, including without limitation any decision not to continue to maintain its trademark or patent rights challenged by such suit, CMI shall have the right to do so (unless SCJ has a reasonable objection thereto) at its sole cost and expense, including the right to maintain the applicable trademark registrations or patents in the name of and on behalf of SCJ; provided, however, that nothing herein shall limit SCJ’s right to terminate any LICENSED BRAND and/or LICENSED TECHNOLOGY from the license granted herein pursuant to Section 18(l). If SCJ decides, at its discretion, not to prosecute or continue the prosecution of an infringement action against a third party, CMI shall have the right to do so (unless SCJ has a reasonable objection thereto) at its sole cost and expense; provided, however, that any recovery obtained by CMI, net of CMI’s reasonable attorneys fees and court costs, as a result of its prosecution of an action for infringement of the LICENSED BRANDS or the LICENSED TECHNOLOGY (including damages awarded or payments made in c...
Trademark and Patent Infringement. To its knowledge, the conduct of the Business by it does not, and did not, infringe upon any patent, trademark or other proprietary right, domestic or foreign, of any Person.
Trademark and Patent Infringement. 7.1 In the event that any or all of the trademarks, trade names, patents, patents pending or trade secrets forming a part of the Technology and Present Technology or which form a part of or may form a part of the Developed Technology or know-how (hereinafter referred to as the "Patents and Trademarks") becomes the subject of litigation the Licensor hereby undertakes and agrees that it shall, at the cost of the Licensee, prosecute and/or defend such litigation, as the case may be, to the fullest extent possible including, but not limited to, all appeals possible in the event of such litigation resulting in a decision which results in the prohibition of the use of the Patents and Trademarks by the Licensee, or any Sublicensee or Sub-sublicensee.
Trademark and Patent Infringement. To the best of the knowledge of Xxxxxxxx and/or Bethel, the conduct of the Business by CSI does not infringe upon any patent, trademark or other proprietary right, domestic or foreign, of any person in respect of which there is any significant likelihood that it would have a material adverse effect on the Assets or the Business.
Trademark and Patent Infringement. The conduct of the Business by the Vendors and the Subsidiaries does not infringe upon any patent, trademark or other proprietary right, domestic or foreign, of any person which could, if prosecuted, have a material adverse effect on any of the Purchased Assets or the Business.
Trademark and Patent Infringement. The conduct of the Business by NLR ---------------------------------- and its Subsidiaries does not infringe upon any patent, trademark or other proprietary right, domestic or foreign, of any person in respect of which there is any significant likelihood that it would have a material adverse effect on the Assets or the Business.
Trademark and Patent Infringement. Except as set out in Schedule L, the conduct of the Business by any of the Operating Entities does not infringe upon any patent, trademark or other proprietary right, domestic or foreign, of any person in respect of which there is any significant likelihood that it would have a material adverse effect on the Assets or the Business.
