Common use of CREATE Act Clause in Contracts

CREATE Act. Notwithstanding anything to the contrary in this Agreement, each Party shall have the right to invoke the Cooperative Research and Technology Enhancement Act of 2004, 35 U.S.C. § 103(c)(2)-(c)(3) (the “CREATE Act”) when exercising its rights under this Agreement, but only with the prior written consent of the other Party in its sole discretion. In the event that a Party intends to invoke the CREATE Act, once agreed to by the other Party as required by the preceding sentence, it shall notify the other Party and the other Party shall cooperate and coordinate its activities with such Party with respect to any filings or other activities in support thereof. The Parties acknowledge and agree that this Agreement is a “joint research agreement” as defined in the CREATE Act.

CREATE Act. Notwithstanding anything to the contrary in this Agreement, each Party shall will have the right to invoke the Cooperative Research and Technology Enhancement Act of 2004, 35 U.S.C. § 103(c)(2)-(c)(3) (the “CREATE Act”) when exercising its rights under this Agreement, but only with the prior written consent of the other Party in its sole discretionParty. In the event that a Party intends to invoke the CREATE Act, once agreed to by the other Party as required by the preceding sentence, it shall will notify the other Party and the other Party shall will cooperate and coordinate its activities with such Party with respect to any filings or other activities in support thereof. The Parties acknowledge and agree that this Agreement is a “joint research agreement” as defined in the CREATE Act.

CREATE Act. Notwithstanding anything to the contrary in this Agreement, each Party shall will have the right to invoke the Cooperative Research and Technology Enhancement Act of 2004, 35 U.S.C. § 103(c)(2)-(c)(3) (the “CREATE Act”) when exercising its rights under this Agreement, but only with the prior written consent of the other Party in its sole discretion. In the event that a Party intends to invoke the CREATE Act, once agreed to by the other Party as required by the preceding sentence, it shall will notify the other Party and the other Party shall will cooperate and coordinate its activities with such Party with respect to any filings or other activities in support thereof. The Parties acknowledge and agree that this Agreement is a “joint research agreement” as defined in the CREATE Act.

CREATE Act. Notwithstanding anything to the contrary in this AgreementArticle 13, each neither Party shall have the right to invoke the Cooperative Research and Technology Enhancement Act of 2004, 35 U.S.C. §§ 103(c)(2)-(c)(3) (the “CREATE Act”) when exercising its rights under this AgreementArticle 13, but only with without the prior written consent of the other Party in its sole discretionParty, such consent not to be unreasonably withheld, conditioned or delayed. In the event that a Where either Party intends to invoke the CREATE Act, once agreed to by the other Party as required permitted by the preceding sentence, it shall notify the other Party and the such other Party shall cooperate and coordinate its activities with such the notifying Party with respect to any submissions, filings or other activities in support thereof. The Parties acknowledge and agree that this Agreement is a “joint research agreement” as defined in the CREATE Act.

CREATE Act. Notwithstanding anything to the contrary in this Agreement, each Party shall will have the right to invoke the Cooperative Research and Technology Enhancement Act of 2004, as amended and set forth in 35 U.S.C. § 103(c)(2)-(c)(3102(c) (the “CREATE Act”) when exercising its rights under this Agreement, but only with the prior written consent of the other Party Party, which may be granted or withheld in its such other Party’s sole discretion. In Following the event that granting of such consent, a Party that intends to invoke the CREATE Act, once agreed to by the other Party as required by the preceding sentence, it shall Act will notify the other Party and the such other Party shall will reasonably cooperate and coordinate its activities with such the invoking Party with respect to any filings or other activities in support thereof. The Parties acknowledge and agree that this Agreement is a “joint research agreement” as defined in the CREATE Act.

CREATE Act. Notwithstanding anything to the contrary in this Agreement, each Party shall will have the right to invoke the Cooperative Research and Technology Enhancement Act of 2004, 35 U.S.C. § 103(c)(2)-(c)(3103(c)(2)–(c)(3) (the “CREATE Act”) when exercising its rights under this Agreement, but only with the prior written consent of the other Party Party, which may be granted or withheld in its such other Party’s sole discretion. In Following the event that granting of such consent, a Party that intends to invoke the CREATE Act, once agreed to by the other Party as required by the preceding sentence, it shall Act will notify the other Party and the such other Party shall will reasonably cooperate and coordinate its activities with such the invoking Party with respect to any filings or other activities in support thereof. The Parties acknowledge and agree that this Agreement is a “joint research agreement” as defined in the CREATE Act.