ETHICAL. and LICENSEE shall each give to the other prompt written notice of any claim or action made against either of them alleging that any of the PATENT RIGHTS infringe the rights of an INDEPENDENT THIRD PARTY and arising from the manufacture, use or sale of the PRODUCT in the TERRITORY. ETHICAL and LICENSEE agree to cooperate and collaborate with each other in undertaking a full investigation of the situation and in taking such action as they shall agree is appropriate in the circumstances. C. ETHICAL shall be solely responsible for and bear the cost of the prosecution and maintenance of the PATENT RIGHTS. D. The provisions of this Article XIII shall survive termination of this AGREEMENT.
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ETHICAL. and mid LICENSEE shall each give to the other prompt written notice of any claim or action made against either of them alleging that any of the PATENT RIGHTS infringe the rights of an INDEPENDENT THIRD PARTY and arising from the manufacture, use or sale of the PRODUCT in the TERRITORY. ETHICAL and LICENSEE agree to cooperate and collaborate with each other in undertaking a full investigation of the situation and in taking such action as they shall agree is appropriate in the circumstances. C. ETHICAL shall be solely responsible for and bear the cost of the prosecution and maintenance of the PATENT RIGHTS. D. The provisions of this Article XIII shall survive termination of this AGREEMENT.
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