Common use of Failure to Prosecute Clause in Contracts

Failure to Prosecute. In the event that FibroGen declines to file or, having filed, declines to further prosecute and maintain any patent applications or patents subject to Section 10.1 above, FibroGen shall provide Medarex notice thereof prior to the expiration of any deadline relating to such activities, as much in advance as practicable, but in any event at least ten (10) days prior notice, and Medarex shall have the right to file, prosecute and maintain such patent applications or patents in the name of FibroGen, at Medarex’s expense, using counsel of its choice.