Leading Company definition
Examples of Leading Company in a sentence
If [***] does not elect to bring an enforcement action against such Infringement, [***] shall have the right but not the responsibility to bring an enforcement action against such Infringement at its own expense and any recovery shall first be used to reimburse the Parties for their costs in connection with such enforcement action and the balance shall be treated as Net Sales where [***] is Leading Company.
In the event that the Leading Company is a Third Party, such Leading Company shall appoint two members to the JSC and have the rights of a Party with respect to the JSC under this Section 2.4. The Parties shall alternate, on a meeting by meeting basis, in appointing one (1) of their representatives on the JSC to act as the chairperson of the JSC for the meeting.
If 3DAlpha receives any order for the Collaborative Product from a prospective purchaser located in a country within the Collaborative Territory, 3DAlpha shall immediately refer that order to Tracon or the Leading Company and 3DAlpha shall not accept any such orders.
Except as Leading Company, 3DAlpha shall not deliver or tender for sale (or cause to be so delivered or tendered) the Collaborative Product into a country within the Collaborative Territory.
Any recovery realized as a result of any such action or proceeding, whether by way of settlement or otherwise, shall first be used to reimburse the Parties for their costs in connection with such enforcement action and the balance shall be treated as Net Sales where [***] is the Leading Company.
Recall costs shall be borne by the Leading Company, provided that where the recall is a result of an actual or suspected [***], the costs of the recall shall be borne [***].