Examples of IP Action in a sentence
Should XDx elect to commence or defend legal proceedings in respect of the IP Action and Diaxonhit is joined as party in any such proceedings, Diaxonhit shall have the right to approve the counsel selected by XDx to represent the parties, such approval not to be unreasonably withheld.
Should Diaxonhit elect to commence or defend legal proceedings in respect of the IP Action and XDx is joined as party in any such legal proceedings, XDx shall have the right to approve the counsel selected by Diaxonhit to represent the Parties, such approval not to be unreasonably withheld or delayed.
If XDx does not take action in the prosecution, defence, prevention, or termination of any IP Action pursuant to clause 16.2 above, and has not commenced negotiations with the other party for the discontinuance of said IP Action, within ninety (90) days after receipt of notice to XDx by Diaxonhit of the existence of an IP Action, Diaxonhit may elect to do so.
XDx shall have the right, but not the obligation, to take action in the prosecution, defence, prevention, or termination of any IP Action.
In the event either Party determines that it is necessary or advisable to acquire rights under a Third Party’s Intellectual Property Rights, through a license or other agreement with such Third Party (“Third Party IP Agreement”), in order to Develop, Manufacture, or Commercialize any Product in the Territory under this Agreement, whether or not there has been the institution of any Third Party IP Action, such Party shall notify the other Party of such determination.
Licensor shall defend the Third Party IP Action, and unless otherwise agreed in writing by the Parties, Licensor shall have control of the defence of any such Third Party IP Action by counsel of its own choice; provided, however, that Licensor may not settle or compromise any Third Party IP Action in a manner that materially adversely affects Licensee’s rights or interests hereunder, without the written consent of Licensee (such consent not to be unreasonably withheld, conditioned or delayed).
Without Arena being relieved of any of its obligations hereunder, the requirements of clause (ii) include obtaining an express assumption by an assignee of obligations to join any Product IP Action as a party plaintiff and provide all reasonable assistance and cooperation in any Product IP Action.
Nothing in this Article 9.4 shall be deemed to oblige either Party to defend, indemnify or hold harmless the other Party arising from or occurring as a result of a Third Party IP Action.
Licensor shall keep the Licensee reasonably informed of all material developments in connection with any Third Party IP Action.
Each party shall bear 50% of the expense of the defence of a Third Party IP Action.