Examples of Blocking Third Party IP in a sentence
Required Third Party IP and Blocking Third Party IP are collectively referred to as “Third Party IP”).
In the event that Licensor elects not to oppose the claim or does not successfully obtain any necessary license, Licensee shall have the right to negotiate directly with such third party for a license under the Blocking Third Party IP.
For purposes of clarity, (i) any costs incurred by Intrexon in obtaining and maintaining licenses to Required Third Party IP shall be borne solely by Intrexon and shall not be included as an Allowable Expense, and (ii) any costs incurred by ZIOPHARM in obtaining and maintaining licenses to Blocking Third Party IP (and, to the limited extent provided in subsection (b), Required Third Party IP) shall be treated as an Allowable Expense in determining Product Profit.
Following the IPC’s discussion of any Blocking Third Party IP, subject to Section 3.7(c), [*****] shall have the right to pursue a license under Blocking Third Party IP [*****].
For purposes of clarity, (i) any costs incurred by [*****] in obtaining and maintaining licenses to Required Third Party IP shall be borne solely by [*****] and shall not be included as an Allowable Expense, and (ii) any costs incurred by [*****] in obtaining and maintaining licenses to Blocking Third Party IP (and, to the limited extent provided in subsection (b), Required Third Party IP) shall be treated as [*****].
For the avoidance of doubt, [*****] may at any time obtain a license under Blocking Third Party IP outside the Field [*****] provided that if [*****] decides to seek to obtain such a license, it shall use reasonable efforts to coordinate its licensing activities in this regard with [*****].
If Licensee licenses the Blocking Third Party IP, then [**] percent ([**]%) of any royalties on Product sales paid by Licensee to such third party in such country with respect to Blocking Third Party IP shall be deducted from any royalty payments payable to Licensor by Licensee under the applicable provisions of Section 3.2, provided, however that no such deduction will be more than [**] percent ([**]%) of any amount due Licensor in any Calendar Quarter.
In the event that Auxilium elects not to oppose the claim or does not successfully obtain any necessary license, Ipsen shall have the right to negotiate directly with such Third Party for a license under the Blocking Third Party IP.
In case of any litigation relating to Blocking Third Party IP and until final decision of the appropriate court, Ipsen shall be entitled to pay 50% of all royalties due to Auxilium on Net Sales made in the relevant country, into an escrow account opened with a bank to which Auxilium shall have no reasonable objection.
Following the IPC’s discussion of any Blocking Third Party IP, subject to Section 3.7(c), ZIOPHARM shall have the right to pursue a license under Blocking Third Party IP, at ZIOPHARM’s sole expense.