Co-operation. The non-enforcing Party agrees to co-operate fully in any Infringement action pursuant to this Section 9.3, including by making the inventors (to the extent it is able), applicable records and documents (including laboratory notebooks) with respect to the relevant Patents available to the enforcing Party on the enforcing Party’s reasonable request. With respect to an action controlled by the applicable enforcing Party, the non-enforcing Party shall, and shall cause its Affiliates to, assist and co-operate with the enforcing Party, as the enforcing Party may reasonably request from time to time, in connection with its activities set forth in this Section 9.3, including where necessary, furnishing a power of attorney solely for such purpose or joining in, or being named as a necessary party to, such action, providing access to relevant documents and other evidence and making its employees available at reasonable business hours.
Cooperation. For purposes of this [Section 9.10], the Party prosecuting any infringement with respect to a Patent shall be the “Enforcing Party.” The Parties will cooperate fully in any infringement action pursuant to this [Section 9.10], including by making the inventors, applicable records and documents (including laboratory notebooks) with respect to the relevant Patents enforceable under this [Section 9.10] and available to the Enforcing Party at the Enforcing Party’s request. With respect to an action controlled by the applicable Enforcing Party, the other Party shall, and shall cause its Affiliates to, assist and cooperate with the Enforcing Party, as the Enforcing Party may reasonably request from time to time, in connection with its activities set forth in this [Section 9.10], including where necessary, furnishing a power of attorney solely for such purpose or joining in, or being named as a necessary party to, such action, providing access to relevant documents and other evidence and making its employees available at reasonable business hours; . In connection with any activities with respect to an Infringement action prosecuted by the applicable Enforcing Party pursuant to this [Section 9.10], the Enforcing Party shall # consult with the other Party as to the strategy for the prosecution of such claim, suit or proceeding, # consider in good faith any comments from the other Party with respect thereto and # keep the other Party reasonably informed of any material steps taken and provide copies of all material documents filed, in connection with such action.
Cooperation. The Parties agree to cooperate fully in any Infringement action pursuant to this [Section 9.3], including by making the inventors, applicable records and documents (including laboratory notebooks) of the relevant Patents available to the controlling Party upon such Party’s request. Where a Party controls such an action, the other Party shall, and shall cause its Affiliates to, assist and cooperate with the controlling Party, as such controlling Party may reasonably request from time to time, in connection with its activities set forth in this [Section 9.3], including where necessary, furnishing a power of attorney solely for such purpose or joining in, or being named as a necessary party to, such action, providing access to relevant documents and other evidence and making its employees available at reasonable business hours. Unless otherwise set forth herein, the Party entitled to bring any patent infringement litigation in accordance with this [Section 9.3] shall have the right to settle such claim; provided that neither Party shall have the right to settle any Infringement litigation under this [Section 9.3] in a manner that has a material adverse effect on the rights or interest of the other Party or in a manner that imposes any costs or liability on or involves any admission by, the other Party, without the express written consent of such other Party (which consent shall not be unreasonably withheld, conditioned or delayed). In connection with any activities with respect to an Infringement action prosecuted by a Party pursuant to this [Section 9.3], the Prosecuting Party shall # consult with the other Party as to the strategy for the prosecution of such claim, suit or proceeding, # consider in good faith any comments from the other Party with respect thereto and # keep the other Party reasonably informed of any material steps taken and provide copies of all material documents filed, in connection with such action.
Cooperation. The Parties shall cooperate fully in any Infringement action pursuant to this Section 5.3 (Enforcement of Patents), including by making the inventors, applicable records, and documents (including laboratory notebooks) with respect to the relevant Patents available to the Enforcing Party on the Enforcing Party’s request. With respect to an action controlled by the applicable Enforcing Party, the other Party shall, and shall cause its Affiliates to, assist and cooperate with the Enforcing Party, as the Enforcing Party may reasonably request from time to time, in connection with its activities set forth in this Section 5.3 (Enforcement of Patents),
Cooperation. At the request and expense of the Party bringing an action under this [Section 9.3], the other Party shall provide reasonable assistance in connection therewith, including by executing reasonably appropriate documents, cooperating in discovery and joining as a party to the action if required by Applicable Law to pursue such action. In connection with any such enforcement action, the Party bringing the action shall not enter into any settlement admitting the invalidity or non-infringement of, or otherwise impairing the other Party’s rights in, the applicable Patents, or imposing any material cost or liability on, or admission by, the other Party, in each case without the prior written consent of the other Party. If there is more than one controlling Party with respect to a misappropriation, violation or Infringement, the Parties shall negotiate in good faith to determine control over the handling of the action.
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