Defence. Where [***] has the right to defend any Action, if, within twenty (20) days after notice that a Third Party has commenced any Action to oppose, revoke, cancel or invalidate any Patent Rights, [***] does not confirm in writing to [***] that it intends to defend such Action or thereafter [***] such Action, and only if [***] does not inform [***] that it [***] on the opinion of competent counsel (and where [***] is relying on such opinion, [***] will have a discussion with [***] concerning such opinion to the extent legally permitted to do so), then [***] shall have the right, [***], upon notice to [***] to take appropriate action to defend the Action, including [***]. In such event, [***] shall keep [***] fully informed about such Action and shall [***]. [***] shall provide all reasonable co-operation to [***] in connection with such Action, [***]. [***] shall not [***] without [***] prior written consent, which consent shall not be unreasonably withheld or delayed. Any recovery from an Action prosecuted by [***] or the compromise or settlement thereof shall belong to [***]
Appears in 2 contracts
Sources: Co Development and Collaboration Agreement (Genmab a/S), Co Development and Collaboration Agreement (Genmab a/S)