Atari Products/Ownership of Licensed Property Sample Clauses

Atari Products/Ownership of Licensed Property. During the Reserved Period, subject to the terms hereof, Atari shall have the exclusive right, exercisable at its discretion and sole expense, to institute in its own name and/or in Glu’s name, and to control the prosecution of, all actions or claims against third parties that have infringed, misappropriated or violated Atari’s Intellectual Property Rights in and to the Atari Products or the Licensed Property or have committed an act of unfair competition involving the Atari Products or Licensed Property (each such third party, an “Atari Enforcement Defendant”). With respect to the prosecution of any such actions or claims, Atari shall employ counsel of its own choice to direct the handling of the lawsuit or other proceeding and any settlement thereof. If Atari recovers any amounts awarded as damages, profits, in settlement or otherwise from any such lawsuit or proceeding, Atari shall be entitled to reimbursement from such amounts for all reasonable costs and expenses, including reasonable attorneys’ fees, actually incurred by Atari in connection therewith; any excess amounts shall be allocated as follows: (i) if the lawsuit or proceeding involved a claim of infringement, misappropriation or violation is based only on the source code or executable code of an Atari Product, Atari shall be entitled to receive and retain all such amounts for its sole use and benefit, with no obligation of accounting to Glu; (ii) if the lawsuit or proceeding involved a claim of infringement, misappropriation or violation is based only on other non-source code and non-executable code assets for an Atari Product (e.g., artwork, graphics or music) Glu shall be entitled to receive and retain all such amounts for its sole use and benefit, with no obligation of accounting to Atari; and (iii) if the lawsuit or proceeding involved a claim of infringement, misappropriation or violation is based on both the source code or executable code of an Atari Product and other non-source code and non-executable code assets of an Atari Product, the parties will share equally any such amounts, with no obligation of accounting to the other party. Notwithstanding the foregoing, if Atari has not initiated any lawsuit or proceeding against, or commenced settlement negotiations with, such Atari Enforcement Defendant, within three (3) months from the date on which Atari becomes aware of the relevant infringement, misappropriation, violation or act of unfair completion, Glu shall have the right to institu...