Common use of Company Right to Prosecute Clause in Contracts

Company Right to Prosecute. So long as COMPANY remains the exclusive licensee of the PATENT RIGHTS in the FIELD in the TERRITORY, COMPANY, to the extent permitted by law, shall have the right, under its own control and at its own expense, to prosecute any third party infringement of the PATENT RIGHTS in the FIELD in the TERRITORY, subject to Sections 7.4. If required by law, THE PARTIES shall permit any action under this Section to be brought in their names, including being joined as party-plaintiffs, provided that COMPANY shall hold THE PARTIES harmless from, and indemnify THE PARTIES against, any costs, expenses, or liability that THE PARTIES incur in connection with such action. Prior to commencing any such action, COMPANY shall consult with THE PARTIES and shall consider the views of THE PARTIES regarding the advisability of the proposed action and its effect on the public interest. COMPANY shall not enter into any settlement, consent judgment, or other voluntary final disposition of any infringement action under this Section without the prior written consent of THE PARTIES, such consent not to be unreasonably withheld, conditioned or delayed.

Company Right to Prosecute. So long as COMPANY remains the exclusive licensee of the PATENT RIGHTS in the FIELD in the TERRITORY, COMPANY, to the extent permitted by law, shall have the right, under its own control and at its own expense, to prosecute any third third-party infringement of the PATENT RIGHTS in the FIELD in the TERRITORY, subject to Sections 7.47.4 and 7.5. If required by law, THE PARTIES DFCI shall permit any action under this Section 7.2 to be brought in their namesits name, including being joined as party-plaintiffsa party- plaintiff, provided that COMPANY shall hold THE PARTIES DFCI harmless from, and indemnify THE PARTIES DFCI against, any costs, expenses, or liability that THE PARTIES DFCI incur in connection with such action. Prior to commencing any such action, COMPANY shall consult with THE PARTIES DFCI and shall consider the views of THE PARTIES DFCI regarding the advisability of the proposed action and its effect on the public interest. COMPANY shall not enter into any settlement, consent judgment, or other voluntary final disposition of any infringement action under this Section 7.2 that results in an obligation or responsibility of DFCI without the prior written consent of THE PARTIESDFCI, such consent not to be unreasonably withheld, conditioned delayed or delayedconditioned.

Company Right to Prosecute. So long as COMPANY remains the exclusive licensee of the PATENT RIGHTS in the FIELD in the TERRITORY, COMPANY, to the extent permitted by law, shall have the right, under its own control and at its own expense, to prosecute any third party infringement of the PATENT RIGHTS in the FIELD in the TERRITORY, subject to Sections 7.47.4 and 7.5. If required by law, THE PARTIES WSU shall permit any action under this Section to be brought in their namesits name, including being joined as a party-plaintiffsplaintiff, provided that COMPANY shall hold THE PARTIES WSU harmless from, and indemnify THE PARTIES WSU against, any costs, expenses, or liability that THE PARTIES incur WSU incurs in connection with such action. Prior to commencing any such action, COMPANY shall consult with THE PARTIES WSU and shall consider the views of THE PARTIES WSU regarding the advisability of the proposed action and its effect on the public interest. COMPANY shall not enter into any settlement, consent judgment, or other voluntary final disposition of any infringement action under this Section without the prior written consent of THE PARTIES, such consent not to be unreasonably withheld, conditioned or delayed.WSU