Defense Action definition

Defense Action has the meaning set forth in Section 13.3.1.
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Defense Action means a lawsuit or claim that arises out of Licensee’s practice of the composition or method of preparing the composition as set forth in one or more of the claims of the Patents.
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Defense Action has the meaning set forth in Section 18.5.1.
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Examples of Defense Action in a sentence

  • The email form letter appears to be based upon information made available by Environmental Defense as posted on its Environmental Defense Action Network Internet web site.

  • The Party that controls a Defense Action in accordance with this Section 13.3.2 shall keep the other Party reasonably informed of the status of such Defense Action and the other Party shall reasonably cooperate in connection therewith.

  • Any award paid by a Third Party to either Party as a result of any Enforcement Action or Defense Action contemplated by Section 10.3 or Section 10.5, as applicable, whether by way of settlement as contemplated by Section 10.5 or otherwise, shall be allocated first pro rata to the reimbursement of any costs incurred by the Parties in such Enforcement Action or Defense Action, and any remaining amounts (the “Net Recovery”) shall be allocated to the enforcing Party.

  • This article and the research supporting it were prompted by the work of the Juvenile Indigent Defense Action Network (“JIDAN”), launched by the John D.

  • Upon LICENSEE’s request, NOVARTIS shall reasonably cooperate with LICENSEE, to the extent necessary to defend LICENSEE or its Affiliates or any Sublicensee of LICENSEE in a Defense Action related to LICENSEE’s or its Affiliates or Sublicensee’s Development, Commercialization or Use of any Compound or Product in the Field.

  • Likewise, Sarepta will have the first right, but not the obligation, to defend against any Defense Action in the Sarepta Territory relating to a Summit Patent Right (subject to the provisions of any Summit In-License) or Collaboration Patent Right, and will have the sole and exclusive right to defend any Defense Action in the Sarepta Territory relating to a Sarepta Patent Right.

  • The Party that controls a Defense Action in accordance with this Section 18.5.2 shall keep the other Party reasonably informed of the status of such Defense Action and the other Party shall reasonably cooperate in connection therewith.

  • Upon LICENSEE’s request, PFIZER will reasonably cooperate with LICENSEE, at LICENSEE’s expense, to the extent necessary to defend LICENSEE or any sublicensee of LICENSEE in a Defense Action in which the claim of infringement, misappropriation or other violation is directed at LICENSEE’s or its sublicensee’s Use of the Compound (as such Compound exists as of the Effective Date) or the Know-How (in accordance with Section 2).

  • Columbia shall be permitted to join and participate in such Defense Action at its own expense to the extent legally permitted.

  • If Columbia is not legally permitted to join such Defense Action, Company shall consult with Columbia and Columbia shall have the right to review and comment on papers to be filed during such Defense Action.


More Definitions of Defense Action

Defense Action has the meaning set forth in Section 8.4.1 (Notification).
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Defense Action shall have the meaning stated in Section 12.13. 1.11 “Deliverables” shall mean the Devices and Products to be sourced by and delivered by SHL, and any other deliverable identified in this Agreement. 1.12 “Device” means a single-use injection device based on SHL’s [***] in the form of sub-assemblies sourced from SHL Taiwan and developed for Customer under the Joint Development Agreement, suitable for housing the Primary Packaging, inclusive of all components, assembly steps and quality release steps, to be manufactured in accordance with Product requirements defined in the applicable Statement of Work, and Product specifications and Device specifications in the Quality Agreement. For purposes of clarity, the Device includes any past or future versions of the Device supplied hereunder and does not include the Primary Packaging or the Drug Product contained therein.
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Defense Action means (a) initiation by a Third Party of (i) a challenge to the validity, scope, or enforceability of any OSI Product Patent, or (ii) an opposition proceeding against any OSI Product Patent, (b) initiation by Licensee of an opposition against a Third Party, or (c) any allegation by a Third Party that the intellectual property owned by it is infringed, misappropriated, or violated by the exploitation of any Licensed Product.
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Defense Action shall have the meaning stated in Section 12.13.
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Defense Action means (a) the filing of any document, paper or submission with any court by Borrower or any of its Affiliates which (i) raises any objection to any allegations made or relief requested in Lender's complaint, or any other motions or pleadings by Lender, in any action to foreclose the Mortgage, (ii) objects to any service of process or attempted service or the manner thereof in connection with any such action, (iii) raises any defense or asserts any claim, counterclaim or cross-claim against Lender in any such action or seek any adjournments or extensions of time in such action (iv) puts in an answer or makes any motion in any such action the form and substance of which has not been approved in writing by Lender or (v) seeks to delay Lender's foreclosure of the Mortgage or Lender's obtaining of any relief in connection therewith or (b) a third party's taking any of the actions described in clause (a) in collusion with Borrower.
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Related to Defense Action

  • Response Action means the investigation, cleanup, removal, remediation, containment, control, abatement, monitoring of or any other response action to the presence of Regulated Substances or Contamination in, on, at, under or emanating from the Stadium Site, including the correction or abatement of any violation required pursuant to Environmental Laws or by a Governmental Authority.

  • Adverse action means a home or remote state action.

  • Litigation Claims means the claims, rights of action, suits or proceedings, whether in law or in equity, whether known or unknown, that any Debtor or any Estate may hold against any Person or Entity, including, without limitation, the Causes of Action of the Debtors or their Estates, in each case solely to the extent of the Debtors’ or their Estates’ interest therein. A non-exclusive list of the Litigation Claims held by the Debtors as of the Effective Date will be Filed with the Plan Supplement, which will be deemed to include any derivative actions filed against any Debtor as of the Effective Date.

  • Action shall have the meaning ascribed to such term in Section 3.1(j).

  • Transaction Litigation has the meaning set forth in Section 5.2(d).

  • Defense shall include investigations of any threatened, pending or completed action, suit or proceeding as well as appeals thereof and shall also include any defensive assertion of a cross-claim or counterclaim;

  • Infringement Action has the meaning set forth in Section 9.6(b).

  • Regulatory Action means an administrative or regulatory enforcement action, proceeding, investigation or inspection, FDA Form 483 notice of inspectional observation, warning letter, untitled letter, other notice of violation letter, recall, seizure, Section 305 notice or other similar written communication, or consent decree, issued by the FDA.

  • Legal Action means and includes any claim, counterclaim, demand, action, suit, counterclaim, arbitration, inquiry, proceeding or investigation before any

  • Tax Action means (a) an amendment to, change in or announced proposed change in the laws (or any regulations thereunder) of the United States or any political subdivision or taxing authority thereof or therein, (b) a judicial decision interpreting, applying or clarifying such laws or regulations, (c) an administrative pronouncement or action that represents an official position (including a clarification of an official position) of the governmental authority or regulatory body making such administrative pronouncement or taking such action, or (d) a threatened challenge asserted in connection with an audit of the Company or any of its subsidiaries, the Partnership, or the Trust, or a threatened challenge asserted in writing against any other taxpayer that has raised capital through the issuance of securities that are substantially similar to the Debentures, the Partnership Preferred Securities, or the Trust Preferred Securities, which amendment or change is adopted or which decision, pronouncement or proposed change is announced or which action, clarification or challenge occurs on or after the date of the prospectus related to the issuance of the Trust Preferred Securities. "10% in liquidation amount of the Trust Securities" means, except as provided in the terms of the Trust Preferred Securities or by the Trust Indenture Act, Holder(s) of outstanding Trust Securities voting together as a single class or, as the context may require, Holders of outstanding Trust Preferred Securities or Holders of outstanding Trust Common Securities voting separately as a class, who are the record owners of 10% or more of the aggregate liquidation amount of all outstanding Trust Securities of the relevant class.

  • Third Party Action has the meaning set forth in Section 9.2.

  • Third Party Infringement Claim has the meaning set forth in Section 23.5.1.

  • Civil action means all suits or claims of a civil nature in a state or federal court, whether cognizable as cases at law or in equity or admiralty. "Civil action" does not include any of the following:

  • resolution action means the decision to place an institution or entity referred to in point (b), (c) or (d) of Article 1(1) under resolution pursuant to Article 32 or 33, the application of a resolution tool, or the exercise of one or more resolution powers;

  • Claim means any action, claim, obligation, liability, expense, lawsuit, demand, suit, inquiry, hearing, investigation, notice of a violation, litigation, proceeding, arbitration, or other dispute, whether civil, criminal, administrative or otherwise, whether pursuant to contractual obligations or otherwise.

  • Released Defendant Claims means any and all manner of claims, demands, rights, liabilities, losses, obligations, duties, damages, costs, debts, expenses, interest, penalties, sanctions, fees, attorneys’ fees, actions, potential actions, causes of action, suits, agreements, judgments, decrees, matters, counterclaims, offsets, issues, and controversies of any kind, nature, or description whatsoever, whether accrued or unaccrued, disclosed or undisclosed, apparent or not apparent, foreseen or unforeseen, matured or not matured, suspected or unsuspected, liquidated or not liquidated, fixed or contingent, whether based on state, local, federal, statutory, regulatory, common, or other law or rule, including known claims and Unknown Claims, which any Defendant ever had, now has, or may have against any of the Plaintiff Released Persons and/or the Released SLC Persons that arise out of, are based upon, or relate to the institution, prosecution, or settlement of the claims asserted in the Action. For the avoidance of doubt, the Released Defendant Claims shall not include any claims to enforce this Stipulation or the Settlement.

  • Litigation means any lawsuit, action, arbitration, administrative or other proceeding, criminal prosecution or governmental investigation or inquiry.

  • Avoidance Action means any claim or cause of action of an Estate arising out of or maintainable pursuant to sections 502, 510, 541, 542, 543, 544, 545, 547, 548, 549, 550, 551, or 553 of the Bankruptcy Code or under any other similar applicable law, regardless of whether or not such action has been commenced prior to the Effective Date.

  • Joint Remediation Committee has the meaning set forth in Section II.A.2.

  • third party proceeding means any threatened, pending or completed action, suit or proceeding, whether civil, criminal, administrative, or investigative, other than an action by or in the right of the corporation.

  • Threatened litigation as used herein shall include governmental investigations and civil investigative demands. “Litigation” as used herein shall include administrative enforcement actions brought by governmental agencies. The Grantee must also disclose any material litigation threatened or pending involving Subcontractors, consultants, and/or lobbyists. For purposes of this section, “material” refers, but is not limited, to any action or pending action that a reasonable person knowledgeable in the applicable industry would consider relevant to the Work under the Grant Agreement or any development such a person would want to be aware of in order to stay fully apprised of the total mix of information relevant to the Work, together with any litigation threatened or pending that may result in a substantial change in the Xxxxxxx’s financial condition.

  • Lawsuit means any lawsuit, arbitration or other dispute resolution filed by either party herein pertaining to any of this Warrant, the Facility Agreement and the Registration Rights Agreement.

  • Released Defendants’ Claims means all claims and causes of action of every nature and description, whether known claims or Unknown Claims, whether arising under federal, state, common or foreign law, that arise out of or relate in any way to the institution, prosecution, or settlement of the claims asserted in the Action against Defendants. Released Defendants’ Claims do not include: (i) any claims relating to the enforcement of the Settlement;

  • Third Party Claims has the meaning set forth in Section 11.1.

  • Corrective action means action taken to eliminate the cause of a potential or real non- conformity or other undesirable situation;

  • Avoidance Actions means any and all avoidance, recovery, subordination, or other claims, actions, or remedies that may be brought by or on behalf of the Debtors or their Estates or other authorized parties in interest under the Bankruptcy Code or applicable non-bankruptcy law, including actions or remedies under sections 502, 510, 542, 544, 545, 547 through 553, and 724(a) of the Bankruptcy Code or under similar or related state or federal statutes and common law, including fraudulent transfer laws.