Common use of Failure to Prosecute Clause in Contracts

Failure to Prosecute. (a) Pharmacopeia Failure to Prosecute. Pharmacopeia may elect, upon --------------------------------- ninety (90) days prior notice, to discontinue prosecution of any patent applications filed by Pharmacopeia pursuant to Section 10.2.1(a) or 10.2.1(b)(ii) above and/or not to file or conduct any further activities with respect to the patent applications or patents subject to such Sections. In the event Pharmacopeia declines to file or, having filed, fails to further prosecute or maintain any patent applications or patents described in such Sections, or conduct any proceedings including, but not limited to, interferences, re-examinations, reissues, oppositions relating thereto, then BMS shall have the right to prepare, file, prosecute and maintain such patent applications and patents in such countries as it deems appropriate, and conduct such proceedings, at its sole expense. In such case, Pharmacopeia shall immediately execute all necessary documents that may be required in order to enable BMS to file, prosecute and maintain such patent applications and to conduct any such proceedings.