Common use of Product-Specific Technology Patents Clause in Contracts

Product-Specific Technology Patents. With respect to Product-Specific Technology Patents, OncoGenex will have the first right, at OncoGenex’s expense, but not the obligation, to remove such infringement. In the event that OncoGenex fails to take commercially appropriate steps to remove any infringement of any such Product-Specific Technology Patent within ninety (90) days following notice of such infringement, or earlier notifies Isis in writing of its intent not to take such steps, and such infringement is likely to have a material adverse effect on the Product, Isis will have the right to do so at its expense, and OncoGenex will have the right, at its own expense, to be represented in any such action. If Isis is unilaterally developing and commercializing the Product pursuant to Section 9.2, Isis will have the right, at Isis’s own expense, to remove infringement of the Product-Specific Technology Patents.