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.
7.2 The Licensee shall have the right during the continuance of this Agreement and subject to due compliance with the provisions of this Agreement and to the execution of such further documents relating to the use of Trade Marks as the Licensor may reasonably request, to use the Licensor's Trade Marks in marketing the Technology within the Designated Territory and for the purpose of describing itself as an official licensee of the Licensor and as authorized to utilize the Technology.
7.3 The Licensee agrees:
(a) to comply with all reasonable instructions issued by the Licensor relating to the form and manner in which the Licensor's Trade Marks shall be used and to discontinue immediately upon notice from the Licensor any practice relating to the use of the Licensor's Trade Marks which in the Licensor's opinion would or might adversely affect the rights or interests of the Licensor or any Affiliate of the Licensor; and
(b) not to contest the title of the Licensor (or any Affiliate company or any person from whom the Licensor obtained its rights to the Technology) to any Trade Marks, trade names, copyrights, patents or any other form of proprietary right in connection with the Technology not to effect any registrations thereof, and not to take any action to the detriment of their respective interests therein; and
(c) for greater certainty, that as between the Licensee and the Licensor, except with respect to the terminable licensed use of the Technology under this Agreement, the Licensor retains the exclusive ownership of all right, title, benefit and interest in and to the Technology, and each and every improvement, enhancement, development of configuration thereto or thereof, each and every new, variant or other appl...
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:
(A) an infringement or threatened infringement of the Patents;
(B) any infringement or threatened infringement of the Trademark or XDx’s rights protecting any label, trade name, trade dress, service xxxx or device used in connection with the Product;
(C) or any claim by a third party that the sale of the Products infringes the third party’s patents, trademarks or other intellectual property rights; each “an IP Action”.
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. Both Prometheus and AstraZeneca shall give prompt notice to the other if either Party becomes aware of:
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. 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. 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 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. To the best of the Vendor's knowledge, the conduct of business by BCR does not, and did not, infringe upon any patent, trademark or other proprietary right, domestic or foreign, of any Person.
TRADEMARK AND PATENT INFRINGEMENT. The conduct of the Business by DMR 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.
