Examples of Sued Party in a sentence
The Sued Party will keep the other Party, if such other Party has not joined in such suit, reasonably informed on a quarterly basis, in person or by telephone, prior to and during the pendency of any such suit.
The Sued Party shall keep the other Party, if such other Party has not joined in such suit, reasonably informed on a quarterly basis, in person or by telephone, prior to and during the pendency of any such suit.
If a Third Party sues a Party (the “Sued Party”) alleging that the Sued Party’s, or the Sued Party’s Sublicensee’s, Development, Manufacture or Commercialization of the Licensed Product infringes or will infringe said Third Party’s intellectual property, then upon the Sued Party’s request and in connection with the Sued Party’s defense of any such Third Party suit, the other Party will provide reasonable assistance to the Sued Party for such defense.
In the event that a Sued Party desires to settle a Third Party suit but such settlement would [ * ], then such other Party shall be, notwithstanding the foregoing, [ * ].
At the Sued Party’s request and cost, the other Party shall reasonably assist the Sued Party in the defense of such Third Party suit and shall join such suit if deemed a necessary party.
If the Licensor is the Sued Party, then the Licensor shall not settle such Third Party suit in any way that would [ * ] without the prior written consent of Alzheon, which consent shall not be unreasonably withheld or delayed.
The Sued Party will not admit the invalidity of any Patent Right licensed to a Party hereunder, nor settle any such suit, without written consent of the other Party, such consent not to be unreasonably withheld.
If the other Party does not join such Third Party suit, then the Sued Party shall report the status of such Third Party suit to the other Party on a quarterly basis prior to and during the pendency of such Third Party suit.
Notwithstanding the foregoing, if the Sued Party seeks an indemnification pursuant to Section 9.1 or Section 9.2, then the provisions of such Section 9.1 or Section 9.2, and the provisions of Section 9.3 will apply and will control and will supersede this Section 7.7.2. to the extent it is inconsistent with Section 9.1, Section 9.2, or Section 9.3.
If a Third Party sues a Party (the “Sued Party”) alleging that the Development or commercialization of a Licensed Product by or on behalf of the Sued Party infringes such Third Party’s Patent Right(s) or misappropriates such Third Party’s Know-How, then the Sued Party shall have the sole right (but not the obligation) to defend such suit.