Product Claim definition

Product Claim has the meaning set forth in Section 9.4.

Product Claim means a written claim from a third party addressed to, and received by, the Conveyed Companies or the Asset Selling Corporations prior to the Closing for money or other compensation (beyond the cost of a particular product) in respect of injury allegedly due and owing as a result of the use, application, malfunction or defect of a product of the Business irrespective of the legal theory of liability and in respect of which no lawsuit has been commenced prior to the Closing.

Product Claim has the meaning set forth in Section 3.26.

Examples of Product Claim in a sentence

• Neither Party shall enter into any settlement of a Product Claim, without the prior written consent of the other, such consent not to be unreasonably withheld, delayed or conditioned.

• Client will not dispose of any damaged, returned, or Deficient Product for which it intends to assert a Product Claim against Patheon without Patheon’s prior written authorization to do so.

• In the event of a Product Claim, IntelGenx shall cooperate fully with Par, including, if a party in such Product Claim, the furnishing of a power of attorney to defend IntelGenx in such litigation in IntelGenx name and/or being named as a party for the purposes of any cross claim or counterclaim, and Par shall keep IntelGenx and/or IntelGenx designated legal counsel reasonably informed as to the progress of such action.

• Par shall have sole control in addressing, defending, managing and conducting any negotiations, litigation, threatened litigation or settlement regarding such Product Claim, using counsel of its choice.

• In the event that Par does not respond to any Product Claim against IntelGenx within (a) sixty (60) days following the notice of such claim or (b) ten (10) days before the time limit, if any, set forth in the appropriate laws and regulations for the filing of a response to such Product Claim, whichever comes first, IntelGenx shall have the right to control any such Product Claim, using counsel of its own choice.

More Definitions of Product Claim

Product Claim means a Patent claim that [****] Covers a Compound or Product, and/or the Exploitation of the Compound or Product.

Product Claim means a Patent claim that (a) Covers [***].

Product Claim means any notice, claim, demand, suit or cause of action to the extent alleging or relating to bodily injury or personal injury arising from any act or omission connected with the manufacture, development, Exploitation or use of the Product relating to alleged defects in the Product or resulting from an alleged intrinsic or latent problem or defect in the efficacy or safety of the Product.

Product Claim means a Patent claim that (a) Covers an aspect of the structure or a property (including functionality) of any Compound or Product that is specific to Compounds or Products; (b) specifically Covers the Exploitation of any Compound or Product; or (c) Covers a DART which Binds to both Product Targets.

Product Claim shall have the meaning set forth in Section 11.2(b).

Product Claim means a claim brought by a Third Party against any member of the Purchaser’s Group or the Astra Tech Group after the Completion Date which directly relates to Products (other than Excluded Products) sold prior to the Completion Date;

Product Claim has the meaning set forth in Section 4.25(a).