Common use of Use of Name in Suit Clause in Contracts

Use of Name in Suit. Where, in the judgment of the Party initiating or maintaining an action under Section 5.3 or 5.4 above, it is necessary to use the other Party's name to prosecute such action, or in the event the other Party is a legally indispensable Party to such action, the other Party agrees to allow the initiating or maintaining Party to use its the name; provided however, that the initiating or maintaining Party agrees to hold the other Party harmless against costs or damages resulting solely from the use of the name in the action.

Appears in 2 contracts

Samples: License Agreement (Novirio Pharmaceuticals LTD), License Agreement (Idenix Pharmaceuticals Inc)

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Use of Name in Suit. Where, in the judgment of the Party initiating or maintaining party prosecuting an action under Section 5.3 or 5.4 aboveArticle 4.1 hereof, it is necessary to use the other Partyparty's name to prosecute such action, or in the event the such other Party is a legally indispensable Party to such action, the other Party party agrees to allow the initiating or maintaining Party prosecuting party to so use its the namename of such other party; provided provided, however, that the initiating or maintaining Party prosecuting party agrees to hold the such other Party party harmless against any award of court costs or damages resulting solely from the use of such other party's name by the name prosecuting party in the such action.

Appears in 1 contract

Samples: License Agreement (Recom Managed Systems Inc De/)

Use of Name in Suit. Where, in the judgment of the Party initiating or maintaining an action under Section 5.3 or 5.4 4.2 above, it is necessary to use the other Party's name to prosecute such action, or in the event the other Party is a legally indispensable Party party to such action, the such other Party agrees to allow the initiating or maintaining Party to so use its the namename of such other Party; provided provided, however, that the initiating or maintaining Party agrees to hold the such other Party harmless against the award of court costs or damages resulting solely from the use of such other Party's name by the name initiating Party in the such action.

Appears in 1 contract

Samples: License Agreement (Idenix Pharmaceuticals Inc)

Use of Name in Suit. Where, in the judgment of the Party initiating or maintaining an action under Section 5.3 or 5.4 above8.1, it is necessary to use the other Party's name to prosecute such action, or in the event the other Party is a legally indispensable Party to such action, the other Party agrees to allow the initiating or maintaining Party to so use its the namename of such other Party; provided provided, however, that the initiating or maintaining Party agrees to defend and hold the such other Party harmless against the award of court costs or and damages resulting solely from the use of such other Party's name by the name initiating Party in the such action.

Appears in 1 contract

Samples: Collaboration and License Agreement (Nitromed Inc)

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Use of Name in Suit. Where, in the judgment of the Party initiating or maintaining party prosecuting an action under Section 5.3 or 5.4 abovesection 5.1 hereof, it is necessary to use the other Partyparty's name to prosecute such action, or in the event the such other Party is a legally indispensable Party to such action, the other Party party agrees to allow the initiating or maintaining Party prosecuting party to so use its the name; provided name of such other party, provided, however, that the initiating or maintaining Party prosecuting party agrees to hold the such other Party party harmless against costs any court costs, attorney's fees, or damages resulting solely from the use of such other party's name by the name prosecuting party in such action and to indemnify the actionnon-prosecuting party.

Appears in 1 contract

Samples: License Agreement (Non Invasive Monitoring Systems Inc /Fl/)

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