Claims by LICENSEE or LICENSOR. In case Trademarks or any of the Patents are infringed by any third party in the Territory, LICENSEE shall notify LICENSOR, and LICENSOR may, if it chooses, bring suit to enjoin such infringement. In the event LICENSOR elects not to bring such suit, LICENSEE may bring such suit upon advice to, and with the consent of, LICENSOR. Neither party shall settle any such suit without the consent of the other, which consent shall not be unreasonably withheld. Since actions by LICENSEE or LICENSOR hereunder are for the protection of LICENSEE's rights within the Territory, the costs of any actions brought under this Section 9.2 shall be borne equally by LICENSEE and LICENSOR.
Appears in 2 contracts
Samples: License and Marketing Agreement (TRB Systems International Inc), License and Marketing Agreement (TRB Systems International Inc)
Claims by LICENSEE or LICENSOR. In case Trademarks or any of the Patents are infringed by any third party in the Territory, . LICENSEE shall notify LICENSOR, LICENSOR and LICENSOR may, if it chooses, bring suit to enjoin such infringement. In the event LICENSOR elects not to bring such suit, LICENSEE may bring such suit upon advice to, and with the consent of, LICENSOR. Neither party shall settle any such suit without the consent of the other, which consent shall not be unreasonably withheld. Since actions by LICENSEE or LICENSOR hereunder are for the protection of LICENSEE's rights within the Territory, the costs of any actions brought under this Section 9.2 shall be borne equally by LICENSEE and LICENSOR.
Appears in 1 contract
Samples: Joint Venture Agreement (TRB Systems International Inc)
Claims by LICENSEE or LICENSOR. In case Trademarks or any of the Patents are infringed by any third party in the Territory, LICENSEE shall notify LICENSOR, and LICENSOR may, if it chooses, bring suit to enjoin such infringement. In the event LICENSOR elects not to bring such suit, . LICENSEE may bring such suit upon advice to, and with the consent of, LICENSOR. Neither party shall settle any such suit without the consent of the other, which consent shall not be unreasonably withheld. Since actions by LICENSEE or LICENSOR hereunder are for the protection of LICENSEE's rights within the Territory, the costs of any actions brought under this Section 9.2 shall be borne equally by LICENSEE and LICENSOR.
Appears in 1 contract
Samples: License and Marketing Agreement (TRB Systems International Inc)
