Common use of Infringement Claimed by Third Parties Clause in Contracts

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 Collegium, 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.

Appears in 2 contracts

Sources: License and Development Agreement (Collegium Pharmaceutical, Inc), License and Development Agreement (Biodelivery Sciences International Inc)