Action Against Third Parties Clause Samples
POPULAR SAMPLE Copied 2 times
Action Against Third Parties. If the Parties fail to agree on a joint program of action with respect to Third Party Infringement of any ▇▇▇▇▇▇▇ Patent Rights, then [ * ] bring and control any legal action (including by initiating any lawsuit or other proceeding) as it [ * ] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, IS FILED WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24B-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED. reasonably determines appropriate in connection with the Third Party Infringement with respect to ▇▇▇▇▇▇▇ Patent Rights, and [ * ] shall have the right, at its own expense, to be represented in any such action by counsel of its own choice.
Action Against Third Parties. 9.1 As a material term of this Agreement, if reasonably requested to do so by the Licensee, the Licensor shall take all actions as shall be necessary to protect the Trademarks against infringement by unauthorized persons or entities in the Territories, such as filing and prosecuting law suits against such infringers. The Licensee shall, if requested to do so by the Licensor, cooperate fully with the Licensor in the performance by the Licensor of its obligations under this Clause 9.1. Notwithstanding the foregoing, however, the Licensee's request shall not be considered "reasonable" unless the infringement is taking place in a country of the Territory which is material, in the reasonable and good faith opinion of Licensee, to the ongoing business activities of the Licensee in connection with the Trademarks and, from the standpoint of good business judgment, there is a realistic possibility of financial recovery from the infringer. All amounts actually recovered in such suits, net of Licensor's legal expenses incurred in prosecuting such suits, shall be shared equally between the parties.
9.2 If the Licensor does not comply with its obligations set forth in Section 9.1 (and elsewhere herein with respect to protection of the Trademarks and actions against infringers of Trademarks, as the case may be), the Licensee shall have the right to take such action in its, Licensee's name, and the 11 Licensee shall, in that event, be entitled to retain any and all amounts recovered by the Licensee in any such infringement actions. Provided, however, that if the Licensee takes such actions against the infringers which it was the Licensor's obligation to take, as set forth in Section 9.1, the Licensee shall be entitled to deduct, from the next amounts otherwise payable to the Licensor pursuant to this Agreement, the out of pocket court costs, legal costs and other reasonable attorneys fees incurred by the Licensee in taking such actions.
9.3 Licensee shall in no circumstances settle any claim or action against third parties without the prior written consent of Licensor which shall not be unreasonably withheld.
Action Against Third Parties. If the Parties fail to agree on a joint program of action with respect to Third Party Infringement of any ▇▇▇▇▇▇▇ Patent Rights, subject to this Section 8.3(b), ▇▇▇▇▇▇▇ will have the sole right to bring and control any legal action (including by initiating any lawsuit or other proceeding) as it reasonably determines appropriate in connection with the Third Party Infringement with respect to ▇▇▇▇▇▇▇ Patent Rights, and if the action involves a Third Party’s sales of a Product in the Field, Company shall have the right, at its own expense, to be represented in any such action by counsel of its own choice. With respect to any Third Party Infringement with respect to ▇▇▇▇▇▇▇ Patent Rights that involves a Third Party’s sales of a Product in the Field, if ▇▇▇▇▇▇▇ fails to bring any legal action with respect to, or to terminate, such Third Party Infringement (i) within […***…] days following the notice of alleged infringement with respect to such ▇▇▇▇▇▇▇ Patent Rights, but in any event no less than […***…] days before the time limit, if any, set forth in the Applicable Laws for the filing of such actions, or (ii) solely with respect to a Paragraph IV Certification involving such ▇▇▇▇▇▇▇ Patent Rights, within the later of […***…] days following Company’s receipt of notice thereof and […***…] Business Days before the statutory deadline under Applicable Law, upon written agreement from all Other Licensee(s), not to be unreasonably withheld or delayed, Company shall have the right to bring and control any such action at its own expense and by counsel of its own choice, and ▇▇▇▇▇▇▇ (and all Other Licensee(s)) shall have the right, at its own expense, to be represented in any such action by counsel of its own choice.
Action Against Third Parties. MSON’s disciplinary authority may not extend to third parties (employees of contracted service providers, interns, volunteers, visitors and other third-parties conducting business with MSON), and MSON’s ability to take action against a third party is usually limited. However, MSON will take appropriate actions within its control, including but not limited to, removing that individual’s access to campus or limiting their involvement with MSON business.
Action Against Third Parties. 8.1 Friends of the Earth shall have the sole right to take action against third parties in respect of the Trade Marks.
8.2 The Local Group shall in no circumstances settle any claim or action against third parties without the prior written consent of Friends of the Earth.
Action Against Third Parties. The Licensee shall not, without the express written permission of the Council, have the right to bring court or legal proceedings against any Third Party in respect to any dispute relating to the Urban Model and/or the Background IPRs in the Urban Model. The Licensee shall co-operate fully with the Council in any such legal action.
Action Against Third Parties