Infringement Claimed by Third Parties. In the event a Third Party commences a judicial or administrative proceeding against a Party and such proceeding, other than a proceeding to which Section 7.01 applies, pertains to the manufacture, use, sale, marketing, or import of a Licensed Product in the Territory by or on behalf of Purdue, an Affiliate thereof, or a Sublicensee (the “Third Party Claim”), or threatens to commence such a Third Party Claim, the Party against whom such proceeding is threatened or commenced shall give prompt notice to the other Party and the Parties shall reasonably consult with each other with respect to possible strategies for addressing the alleged infringement.
Appears in 2 contracts
Sources: License Agreement (Biodelivery Sciences International Inc), License Agreement (Biodelivery Sciences International Inc)