Background Patents. Xencor shall have the sole right, but not the obligation, to control the Prosecution and Maintenance of the Xencor Background Patents and Amgen shall have the sole right, but not the obligation, at its expense, to control the Prosecution and Maintenance of the Amgen Background Patents. Without limiting the foregoing, Amgen shall be responsible for the out-of-pocket costs that Xencor incurs in connection with the Prosecution and Maintenance of the Xencor Background Patents that solely Cover a Product. Xencor shall invoice Amgen for such costs from time-to-time, and Amgen shall pay such invoices within […***…] days of receipt thereof.
Appears in 2 contracts
Sources: Research and License Agreement (Xencor Inc), Research and License Agreement (Xencor Inc)