Course of Action Clause Samples

Course of Action. In the event that either Party becomes aware that Licensee’s, its Affiliates’ or its sublicensees’ Developing, Manufacturing or Commercializing Compound or Product in the Field in the Territory infringes, will infringe, or is alleged by a Third Party to infringe, a claim of a patent that specifically covers the Compound or Product, the Party becoming aware of same will promptly notify the other. The Parties will thereafter consult and cooperate to determine a course of action that may include (i) obtaining a license or assignment from said Third Party or (ii) taking action to invalidate said patent.

Course of Action. In the event that Licensee’s, its Affiliates” or its sublicensees” making, having made, importing, exporting, using, Manufacturing, having Manufactured Licensed Compound or distributing, marketing, promoting, offering for sale or selling Licensed Product infringes, will infringe or is alleged by a Third Party to infringe, a claim of a patent that specifically covers the Licensed Compound or its Manufacture, the Party becoming aware of same shall promptly notify the other. Licensee shall determine a course of action that may include: (i) modification of the Licensed Product or its use and Manufacture so as to be non-infringing; or (ii) obtaining a license or assignment from said Third Party.

Course of Action. I-MAB shall have the right, but not the obligation, at its cost to bring any legal action in the Territory and/or Optional Territory (as applicable) related to infringement by Third Parties, that impacts adversely on the enjoyment by I-MAB of the rights licensed to it hereunder. Ferring shall join in any infringement proceeding as a party at I-MAB’s request and at I-MAB’s expense in the event that an adverse party asserts, or I-MAB determines in good faith, that a court or other legal body lacks jurisdiction based on Ferring’s absence as a party in such proceeding, or with respect to patents where such joinder is necessary or desirable to proceed with such claim. Ferring and Conaris shall each have the right, but not the obligation, to bring any legal action related to infringement if I-MAB declines to do so.

Course of Action. In the event that ARS or its sublicensees making, having made, importing, using, offering for sale or selling a Patented Product or Other Product infringes, will infringe or is alleged by a third party to infringe a third party's patent, the party becoming aware of same shall promptly notify the other party. The parties shall thereafter attempt to agree upon a course of action that may include: (a) modification of the Patented Product of Other Product or its use and manufacture so as to be non-infringing; or (b) obtaining a license or assignment of such third-party patent from such third party.

Course of Action. Subject to the decision of the Independent Directors, when an Opportunity arises, any member of Dynam may pursue any of the following courses of action (“Course of Action”):

Course of Action. In the event that the RENTER violates any provision in this contract during its duration, the COMPANY may immediately request and demand the restoration and the return of the rented vehicle before the termination of this Contract. And the forfeiture of the security deposit and the amount of the rentals paid. Any action to be brought in pursuance hereof may be instituted within the city of Tacloban, at the option of the COMPANY. It is understood that the RENTER shall defray all costs of proceedings, attorney’s fees, with legal interest if five percent (5%) per month for any account over thirty (30) days plus all other costs.

Course of Action. In the event that Sponsor, its Related Body Corporate or affiliate or its licensees making, having made, importing, using, offering for sale or selling a Product infringes, will infringe or is alleged by a third party to infringe a third party's patent, the party becoming aware of same shall promptly notify the other party. The parties shall thereafter attempt to agree upon a course of action that may include: (a) modification of the Product or its use and manufacture so as to be non-infringing; or (b) obtaining a license or assignment of such third-party patent from such third party, the cost of which assignment or license shall be offset against the royalty owed to University in a manner consistent with Section 3.3.3 above. Article V Term and Termination

Course of Action. 18.2.1 Citizen/parent complaints about a unit member shall adhere to the following process: 18.2.1.1 Upon receipt of a complaint, the unit member’s supervisor shall notify the unit member in writing, either: 18.2.1.1.1 Within one (1) business day of a complaint lodged against the unit member or; 18.2.1.1.2 At the earliest possible date/time, when the allegation is determined to be a charge against the unit member, taking into account the sensitivity and seriousness of the charge and the integrity of the investigation. 18.2.1.2 Upon receipt of the complaint, the supervisor will determine if the allegation is a charge or a complaint and proceed to act, consistent with the process outlined in this article. The course of action to be followed requires that the supervisor: 18.2.1.2.1 Describe the complaint/charge related in the allegation: 18.2.1.2.2 Determine if the allegation is a complaint or a charge; 18.2.1.2.3 Assess that the charge or complaint is either: (1) unfounded (without merit); or,

Course of Action. In the event that an action for infringement is commenced against either party, its Affiliates, its licensees or its sublicensees as a result of the development, manufacture, use or sale of a Licensed Compound, Preclinical Compound, Selected Compound or Product exclusively licensed to P&G hereunder, P&G shall defend such action at its own expense, and Curis hereby agrees to assist and cooperate with P&G, at its own expense, to the extent necessary in the defense of such suit. P&G shall have the right to settle the suit or consent to an adverse judgment thereto, in its sole discretion, so long as such settlement or adverse judgment does not adversely affect the rights of Curis and its Affiliates (including any Curis Patent Rights). Except as set forth in Section 6.9, P&G shall have full responsibility for the payment of any award for damages, or any amount due pursuant to any settlement entered into by it with such Third Party. Any and all damages and awards received by P&G as a result thereof (e.g., as a result of a counterclaim) shall be allocated between the parties in the same manner as provided in Section 8.5(d).