Third Party Challenge definition

Third Party Challenge shall have the meaning set forth in Section 6.3.1 hereof.

Third Party Challenge is defined in Section 9.9.

Third Party Challenge has the meaning set forth in Section 7.4.

Examples of Third Party Challenge in a sentence

• If any Patent included in the Spark IP is implicated by the Third Party Infringement, Declaratory Judgment Action or Third Party Challenge, Spark shall have the sole right (but not the obligation) to undertake an Enforcement Action as to such Patent, at its sole expense.

• If any Selecta Background Patent is implicated by the Third Party Infringement, Declaratory Judgment Action or Third Party Challenge, Selecta shall have the sole right (but not the obligation) to undertake an Enforcement Action as to such Selecta Background Patent, at its sole expense.

• If any part of this Agreement is held by a court of competent jurisdiction to be invalid or unlawful as the result of a Third Party Challenge, the Parties shall use their best efforts to cure any inadequacies or deficiencies identified by the court in a manner consistent with the express and implied intent of this Agreement, and then to adopt or re-enact such part of this Agreement as necessary or desirable to permit implementation of this Agreement.

• The City shall promptly notify the Land Owner of any Third Party Challenge and shall cooperate fully in the defense of the Third Party Challenge.

• In the event of any legal action, claim, or proceeding instituted by a third party or other governmental entity or official challenging the validity of any provision of this Agreement, the City Approvals, or the Subsequent Approvals ("Third Party Challenge"), the responsibilities of the Parties shall be as follows.

More Definitions of Third Party Challenge

Third Party Challenge is defined in Section 12.1.

Third Party Challenge means any administrative, legal or equitable action or proceeding instituted by any party other than City or Lead Developer challenging the validity or performance of any provision of this Agreement, the Project, any Regulatory Approvals made by City acting as a Regulatory Agency (including the adoption or certification of the EIR), other actions taken pursuant to CEQA, or any action taken by City or Lead Developer in furtherance of this Agreement, or any combination thereof relating to all or any portion of the Project. The Parties agree to proceed with due diligence and cooperate with one another to defend and resolve any Third-Party Challenge to the extent reasonably possible. Lead Developer shall assist and cooperate with City at Lead Developer’s own expense in connection with any Third-Party Challenge. The City Attorney’s Office may use its own legal staff or outside counsel in connection with defense of the Third-Party Challenge, at the City Attorney’s sole discretion.

Third Party Challenge means any administrative, legal or equitable action or proceeding instituted by any party other than the City or SFCM challenging the validity or performance of any provision of this Agreement, the Project, the Approvals or Later Approvals, the adoption or certification of the MND or other actions taken pursuant to CEQA, or other approvals under Laws relating to the Project, any action taken by the City or SFCM in furtherance of this Agreement, or any combination thereof relating to the Project or any portion thereof.

Third Party Challenge shall have the meaning set forth in Section 1.06(b) of this Agreement.

Third Party Challenge has the meaning set forth in Section 7.4. 1.93 “Third Party In-License” has the meaning set forth in Section 2.5(b). 1.94 “United States” or “U.S.” means The United States of America, including its possessions and territories. 1.95 “Valid Claim” means: (a) a claim of an issued and unexpired Patent where such claim has not (i) lapsed or been disclaimed, cancelled, withdrawn or abandoned, (ii) been dedicated to the public, (iii) been declared invalid, unenforceable, unpatentable or revoked by a decision of a court, government agency or other authority of competent jurisdiction from which no appeal can be or has been taken, or (iv) been admitted to be invalid or unenforceable through reexamination, reissue or otherwise; or (b) a claim of a pending Patent application that has not been cancelled, withdrawn, abandoned or finally rejected by an administrative agency action from which no appeal

Third Party Challenge shall have that meaning set forth in Section 4.04 of this Development Agreement.

Third Party Challenge means any allegation by a Third Party that any Intellectual Property Right owned by it is infringed, misappropriated, or otherwise violated by the Development, Manufacturing or Commercialization of the Product in the Territory.