Additional Rights and Obligations. In the event a third party claim arises for infringement of copyright or unfair competition during the term of this Agreement, the parties have the option of to proceed individually or jointly in defense or prosecution of such claims. The parties will be liable solely for any costs if they proceed individually and any recovery from such proceedings shall be retained by such party. For joint proceedings, all costs, including attorney’s fees and recovery, if any, shall be borne equally by both parties. Either party consents to any action brought in the other’s name, so far as required under the above-mentioned proceedings. The Publisher, however, shall have no obligation or any liability to bring claims in the event of actionable claims of the nature mentioned in this clause.
Appears in 8 contracts
Samples: Publishing Agreement, Publishing Agreement, Publishing Agreement
