Common use of Action by Assignor Clause in Contracts

Action by Assignor. Assignor shall have the right, but not the obligation, to institute, prosecute and settle an infringement action against any person or entity who engages in an Infringement if, and only if, (i) within ninety (90) days after Assignee becomes aware or is notified of the Infringement, Assignee has not instituted an infringement action against such person or entity or caused or taken significant steps to cause such person or entity to cease and desist from the Infringement; or (ii) at any time after Assignee has instituted an infringement action against such person or entity, Assignee ceases to diligently prosecute such infringement action other than by reason of settlement of the action in accordance with the provisions of Section 5.B above. Assignee, at its own expense, shall reasonably cooperate with Assignor in investigating, prosecuting and settling any infringement action instituted by Assignor in accordance with the foregoing sentence. In addition, Assignee, at its own expense, shall have the right to participate with counsel of its own choice in the investigation, prosecution and/or settlement of any such infringement action instituted by Assignor. In the event that Assignor is unable to institute, prosecute or settle the infringement action solely in its own name, Assignee will join such action voluntarily or will execute such instruments and other documents as are necessary for Assignor to initiate, prosecute and settle such action as permitted hereunder, all at Assignee’s own expense. Assignee shall have the right to approve the settlement of any such infringement action, or any other agreement between Assignor and such person or entity concerning the Infringement, such approval not to be unreasonably withheld or delayed.

Action by Assignor. Assignor shall have the right, but not the obligation, to institute, prosecute and settle an infringement action against any person or entity who engages in an Infringement if, and only if, (i) within ninety (90) days after Assignee becomes aware or is notified of the Infringement, Assignee has not instituted an infringement action against such person or entity or caused or taken significant steps to cause such person or entity to cease and desist from the Infringement; or (ii) at any time after Assignee has instituted an infringement action against such person or entity, Assignee ceases to diligently prosecute such infringement action other than by reason of settlement of the action in accordance with the provisions of Section 5.B above. Assignee, at its own expense, shall reasonably cooperate with Assignor in investigating, prosecuting and settling any infringement action instituted by Assignor in accordance with the foregoing sentence. In addition, Assignee, at its own expense, shall have the right to participate with counsel of its own choice in the investigation, prosecution and/or settlement of any such infringement action instituted by Assignor. In the event that Assignor is unable to institute, prosecute or settle the infringement action solely in its own name, Assignee will join such action voluntarily or will execute such instruments and other documents as are necessary for Assignor to initiate, prosecute and settle such action as permitted hereunder, all at Assignee’s own expense. Assignee shall have the right to approve the settlement of any such infringement action, or any other agreement between Assignor and such person or entity concerning the Infringement, such approval not to be unreasonably withheld wi held or delayed.

Action by Assignor. Assignor shall have the right, but not the obligation, to institute, prosecute and settle an infringement action against any person or entity who engages in an Infringement if, and only if, (i) within ninety (90) days after Assignee becomes aware or is notified of the Infringement, Assignee has not instituted an infringement action against such person or entity or caused or taken significant steps to cause such person or entity to cease and desist from the Infringement; or (ii) at any time after Assignee has instituted an infringement action against such person or entity, Assignee ceases to diligently prosecute such infringement action other than by reason of settlement of the action in accordance with the provisions of Section 5.B above. Assignee, at its own expense, shall reasonably cooperate with Assignor in investigating, prosecuting and settling any infringement action instituted by Assignor in accordance with the foregoing sentence. In addition, Assignee, at its own expense, shall have the right to participate with counsel of its own choice in the investigation, prosecution and/or settlement of any such infringement action instituted by Assignor. In the event that Assignor is unable to institute, prosecute or settle the infringement action solely in its own name, Assignee will join such action voluntarily or will execute such instruments and other documents as are necessary for Assignor to initiate, prosecute and settle such action as permitted hereunder, all at Assignee’s 's own expense. Assignee shall have the right to approve the settlement of any such infringement action, or any other agreement between Assignor and such person or entity concerning the Infringement, such approval not to be unreasonably withheld or delayed.