Secondary Right. If LICENSEE does not wish to exercise either of the foregoing rights in (a), LICENSEE shall provide MSK with written notice that LICENSEE declines such right, and after receiving such notice, MSK shall have the secondary right to undertake such infringement action or defend against such challenge.
Appears in 4 contracts
Sources: License Agreement (Y-mAbs Therapeutics, Inc.), License Agreement (Y-mAbs Therapeutics, Inc.), License Agreement (Y-mAbs Therapeutics, Inc.)
Secondary Right. If LICENSEE does not wish to exercise either of the foregoing rights in (a), LICENSEE shall provide MSK with written notice that LICENSEE declines such right, and after receiving such notice, . MSK shall have the secondary right to undertake such infringement action or defend against such challenge.
Appears in 3 contracts
Sources: License Agreement (Y-mAbs Therapeutics, Inc.), License Agreement (Y-mAbs Therapeutics, Inc.), License Agreement (Y-mAbs Therapeutics, Inc.)
Secondary Right. If LICENSEE does not wish to exercise either of the foregoing rights in (aa)(i) or (a)(ii), LICENSEE shall provide MSK MSKCC with written notice that LICENSEE declines such right, and after receiving such notice, MSK MSKCC shall have the secondary right to undertake such infringement action or defend against such challenge.
Appears in 2 contracts
Sources: Exclusive License Agreement, Exclusive License Agreement (Juno Therapeutics, Inc.)
Secondary Right. If LICENSEE does not wish to exercise either of the foregoing rights in (a), LICENSEE shall provide MSK with written notice that LICENSEE declines such right, and after receiving such notice, MSK shall have the secondary right to undertake such infringement action or defend against such challengechallenge at MSK’s cost and expense.
Appears in 2 contracts
Sources: Exclusive License Agreement (Abpro Corp), Exclusive License Agreement (Abpro Corp)
Secondary Right. If LICENSEE Licensee does not wish to exercise either of the foregoing rights in (a), LICENSEE Licensee shall provide MSK with written notice that LICENSEE Licensee declines such right, and after receiving such notice, MSK shall have the secondary right to undertake such infringement action or defend against such challenge.
Appears in 2 contracts
Sources: Exclusive License Agreement, Exclusive License Agreement (Galena Biopharma, Inc.)