Common use of BAT Enforcement Options Clause in Contracts

BAT Enforcement Options. If, during the Term, BAT becomes aware of any alleged infringement by a third party in the Territory, BAT has the right, but not the obligation, to either: (a) settle the infringement suit by sub-licensing the alleged infringer (but only in accordance with the provisions of this Agreement and if such settlement has no adverse effect on any consideration to be received by 22nd Century under this Agreement) or by other means reasonably acceptable to 22nd Century; or (b) prosecute at its own expense any infringement of the Patent Rights and/or Plant Variety Rights, in which case BAT may, for such purposes, request to use the name of 22nd Century as party plaintiff and 22nd Century shall, upon BAT’s request, join any action and become a party plaintiff, and costs and expenses (including without limitation attorneys’ fees) associated therewith must be borne by BAT.

BAT Enforcement Options. If, during the Research Term, BAT becomes aware of any alleged infringement by a third party in the Territory, BAT has the right, but not the obligation, to either: (a) settle the infringement suit by sub-licensing the alleged infringer (but only in accordance with the provisions of this Agreement and if such settlement has no adverse effect on any consideration to be received by 22nd Century under this Agreement) or by other means reasonably acceptable to 22nd Century; or (b) prosecute at its own expense any infringement of the Patent Rights and/or Plant Variety Rights, in which case BAT may, for such purposes, request to use the name of 22nd Century as party plaintiff and 22nd Century shall, upon BAT’s request, join any action and become a party plaintiff, and costs and expenses (including without limitation attorneys’ fees) associated therewith must be borne by BAT.