Common use of ACTION BY ALLERGAN Clause in Contracts

ACTION BY ALLERGAN. Subject to the provisions of the Research and Development Agreement and any License Agreement, in the event of any such alleged infringement, Allergan shall have the right, at its own expense and with the right to all recoveries, to take appropriate action to restrain such alleged infringement. If Allergan takes any such action, ASTI shall cooperate fully with Allergan in its pursuit thereof, at Allergan's expense, to the extent reasonably requested by Allergan. If Allergan brings an action under this Section 4.2, the parties shall share equally any recoveries, after Allergan is reimbursed for its expenses of bringing the action (including reasonable attorneys' fees).