Patent and Trademark Disputes. Notwithstanding [Section 14.5.2], and without prejudice to CytomX’s rights pursuant to [Section 13.2.4] or Regeneron’s rights pursuant to [Section 13.3.4(b)], any dispute, controversy or claim relating to the inventorship, scope, validity, enforceability or infringement of any Patent Rights, or the scope, validity, enforceability or infringement of any trademark used in connection with, the Exploitation of Products shall be submitted to a court of competent jurisdiction in the country in which such Patent Rights or trademark rights were granted or arose.

Patent and Trademark Disputes. Notwithstanding [Section 17.1], any dispute, controversy or claim relating to the scope, validity, enforceability or infringement of any Unum Background Patents, Unum Program IP, SGI Background Patents, SGI Program IP or Marks covering the manufacture, use, importation, offer for sale or sale of Products will be submitted to a court of competent jurisdiction in the country in which such patent or trademark rights were granted or arose.

Proceedings Before the Patent and Trademark Office. In the event that the PatentRightsbecomesubjecttoanyactionthroughtheUnitedStatesPatentandTrademarkOffice (“USPTO”), including but not limited to a request for reexamination, inter partes review, or post grant review, BJC will not be obligated to represent Client as to those matters before the USPTO. Client shall be responsible for retaining competent patent counsel to represent it in such matters, if necessary. BJC agrees to assist patent counsel as necessary and in its sole discretion in such matters before the USPTO. If the Client requests, BJC will handle any inter partesreview

Trademark License. Subject to the terms of this Agreement, Axsome hereby grants to Licensee an exclusive (in the Territory), sublicensable (subject to [Section 2.1.6]), license to use the Licensed Trademarks solely in connection with the exercise of Licensee’s rights under [Section 2.1.1] for the Commercialization in the Territory of the Licensed Products for use in the Field and solely as set forth in [Sections 3.5 and 5.3]3].

With respect to any and all claims instituted by Third Parties against TRIS or AYTU or any of their respective Affiliates for Trademark infringement involving the Marketing of the Product TRIS shall be solely responsible for, and indemnify AYTU against, any and all Losses arising out of or resulting from the use of the TRIS Marks and AYTU shall be solely responsible for, and indemnify TRIS and its Affiliates against, any and all Losses arising out of or resulting from the use of any other Trademark. If any claim is made against AYTU in connection with the use of the TRIS Marks, AYTU may cease using the TRIS Marks until such claim is favorably resolved.

Trademark Use. During the term of this OEM Agreement, each party shall have the right to indicate to the public that ​ is an OEM distributor of the Licensed Software. Each party hereby grants the other party a non-exclusive, non-transferable, non-sublicensable license for the term of this OEM Agreement to use the other party’s trademarks in connection with the publicity permitted by this [section 12]. Nothing herein shall grant either party any right, title or interest in the other party’s trademarks. At no time during or after the term of this OEM Agreement shall either party challenge or assist others to challenge the other party’s trademarks or the registration thereof or attempt to register any trademarks, marks or trade names confusingly similar to those of the other party.

United States Patent and Trademark office

Disputes. Co-Borrowers shall promptly notify Bank of all disputes or claims relating to Accounts. Co-Borrowers may forgive (completely or partially), compromise, or settle any Account for less than payment in full, or agree to do any of the foregoing so long as # Co-Borrowers do so in good faith, in a commercially reasonable manner, in the ordinary course of business, in arm’s-length transactions, and reports the same to Bank in the regular reports provided to Bank; # no Event of Default has occurred and is continuing; and # after taking into account all such discounts, settlements and forgiveness, the total outstanding Advances will not exceed the lesser of the Revolving Line or the Borrowing Base.

Disputes. It is the objective of the Parties to establish procedures to facilitate the resolution of disputes arising under this Agreement in an expedient manner by mutual cooperation and without resort to litigation. In the event of any disputes, controversies or differences which may arise between the Parties out of or in relation to or in connection with this Agreement (other than # ​ INDICATES MATERIAL THAT HAS BEEN OMITTED AND FOR WHICH CONFIDENTIAL TREATMENT HAS BEEN REQUESTED. ALL SUCH OMITTED

Disputes. Any controversy or claim arising out of or relating to this Agreement or the breach thereof or otherwise arising out of the Executive’s employment or the termination of that employment (including, without limitation, any claims of unlawful employment discrimination whether based on age or otherwise) shall, to the fullest extent permitted by law, be settled by arbitration in any forum and form agreed upon by the parties or, in the absence of such an agreement, under the auspices of the American Arbitration Association (“AAA”) in Knoxville, Tennessee, in accordance with the Employment Dispute Resolution Rules of the AAA, including, but not limited to, the rules and procedures applicable to the selection of arbitrators. In the event that any person or entity other than the Executive or the Company may be a party with regard to any such controversy or claim, such controversy or claim shall be submitted to arbitration subject to such other person or entity’s agreement. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. This [Section 9] shall be specifically enforceable. Notwithstanding the foregoing, this [Section 9] shall not preclude either party from pursuing a court action for the sole purpose of obtaining a temporary restraining order or a preliminary injunction in circumstances in which such relief is appropriate; provided that any other relief shall be pursued through an arbitration proceeding pursuant to this [Section 9].