Allegations of invalidity Clause Samples

The "Allegations of invalidity" clause defines the procedures and responsibilities when one party claims that a patent or intellectual property right involved in the agreement is invalid or unenforceable. Typically, this clause outlines how such allegations must be communicated, any required supporting documentation, and the steps the parties must take in response, such as suspending certain obligations or cooperating in legal proceedings. Its core function is to provide a clear process for addressing and managing disputes over the validity of intellectual property, thereby reducing uncertainty and potential conflict between the parties.
Allegations of invalidity. If the Licensee becomes aware that any third party alleges that the Trademarks are invalid or that the Trademarks infringe any rights of that third party or that the Trademarks are open to any other form of attack the Licensee must not make any admission but must promptly report full details of the matter to the CWB.
Allegations of invalidity. If the Licensee becomes aware that any third party alleges that the Trade Marks are invalid or that the Trade Marks infringe any rights of that third party or that the Trade Marks are open to any other form of attack the Licensee must not make any admission but must promptly report full details of the matter to the Licensor.
Allegations of invalidity. If any Person institutes proceedings against either party regarding the validity of and/or seeking revocation of any of the Patents (including, without limitation, a declaratory judgment action or a counterclaim or affirmative defense in an infringement suit brought under Section 14.3), such party will notify the other party in writing to that effect. Endocare shall have the right, at its sole expense, and CryoCath shall assist Endocare, to join such proceedings as a party (if Endocare is not already a party thereto). Regardless of whether Endocare becomes a party to such proceedings, Endocare shall have the right to control such proceedings to the extent they affect in any way the validity and/or revocation of any Patents. Endocare will consult with CryoCath and take CryoCath's reasonable comments into account in connection with such proceedings.

Related to Allegations of invalidity

  • Governing Law; Invalidity This Agreement shall be governed by Wisconsin law, excluding the laws on conflicts of laws. To the extent that the applicable laws of the State of Wisconsin, or any of the provisions herein, conflict with the applicable provisions of the 1940 Act, the latter shall control, and nothing herein shall be construed in a manner inconsistent with the 1940 Act or any rule or order of the Commission thereunder. Any provision of this Agreement which may be determined by competent authority to be prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction. In such case, the parties shall in good faith modify or substitute such provision consistent with the original intent of the parties.

  • Effect of Invalidity If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of its terms and provisions to persons and circumstances other than those to which it has been held invalid or unenforceable shall not be affected thereby, and each term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.

  • Unenforceability of Provisions If any provision of this Agreement, or any portion thereof, is held to be invalid and unenforceable, then the remainder of this Agreement shall nevertheless remain in full force and effect.

  • Invalidity; Severability If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

  • Proceedings; Enforceability Assuming due execution and delivery by the other parties thereto, the Borrower Loan Documents and the Funding Loan Documents to which the Borrower is a party will constitute the legal, valid and binding agreements of the Borrower enforceable against the Borrower in accordance with their terms; except in each case as enforcement may be limited by bankruptcy, insolvency or other laws affecting the enforcement of creditors’ rights generally, by the application of equitable principles regardless of whether enforcement is sought in a proceeding at law or in equity and by public policy.