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 ENFORCEMENT 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 ENFORCEMENT FIELD in the TERRITORY, subject to Sections 7,4 and 7.5. If required by law, XXXXXXXXX and/or DFCI shall permit any action under this Section 7.2 to be brought in its name, including being joined as a party-plaintiff, provided that COMPANY shall hold XXXXXXXXX and DFCI harmless from, and indemnify XXXXXXXXX and DFCI against, any costs, expenses, or liability that XXXXXXXXX and DFCI incur in connection with such action. Prior to commencing any such action, COMPANY shall consult with XXXXXXXXX and DFCI and shall consider the views of XXXXXXXXX and 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 without the prior written consent of XXXXXXXXX and DFCI, such consent not to be unreasonably withheld, delayed or conditioned.

Company Right to Prosecute. So long as COMPANY remains the exclusive licensee of the PATENT RIGHTS in the ENFORCEMENT FIELD in the TERRITORY, COMPANY, to the extent permitted by law, shall will have the rightright (but not the obligation), under its own control and at its own expense, to prosecute any third-party infringement of the PATENT RIGHTS in the ENFORCEMENT FIELD in the TERRITORY, subject to Sections 7,4 7.4 and 7.5. If required by law, XXXXXXXXX and/or DFCI shall permit any action under this Section 7.2 to be brought in its name, including being joined as a party-plaintiff, provided that that, as set forth in Section 7.6, COMPANY shall hold XXXXXXXXX and DFCI harmless from, and indemnify XXXXXXXXX and DFCI against, any costs, expenses, reasonable out-of-pocket costs or liability expenses that XXXXXXXXX and DFCI incur incurs in connection with such action. Prior to commencing any such action, COMPANY shall consult with XXXXXXXXX and DFCI and shall consider the views of XXXXXXXXX and 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 without the prior written consent of XXXXXXXXX and DFCIXXXXXXXXX, such which consent shall not to be unreasonably withheld, delayed conditioned or conditioneddelayed.

Company Right to Prosecute. So long as COMPANY remains the exclusive licensee of the PATENT RIGHTS in the ENFORCEMENT 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 ENFORCEMENT FIELD in the TERRITORY, subject to Sections 7,4 7.4 and 7.5. If required by law, XXXXXXXXX and/or DFCI M.I.T., XXXXXXX, HARVARD or INSTITUTE shall permit any action under this Section 7.2 to be brought in its name, including being joined as a party-plaintiff, plaintiff provided that COMPANY shall hold XXXXXXXXX M.I.T., XXXXXXX, HARVARD and DFCI INSTITUTE harmless from, and indemnify XXXXXXXXX M.I.T., XXXXXXX, HARVARD and DFCI INSTITUTE against, any costs, expenses, or liability that XXXXXXXXX and DFCI incur M.I.T., XXXXXXX, HARVARD or INSTITUTE incurs in connection with such action. For clarification, COMPANY’S right to prosecute infringements under this Section specifically excludes M.I.T. Case No. [***] which is non-exclusively licensed under this Agreement. Prior to commencing any such action, COMPANY shall consult with XXXXXXXXX and DFCI M.I.T. and shall consider the views of XXXXXXXXX and DFCI M.I.T. regarding the advisability of the proposed action and its effect on other licensees of the PATENT RIGHTS and on the public interest, and the parties shall agree on the best course of action taking into account the foregoing factors. COMPANY shall not enter into any settlement, consent judgment, or other voluntary final disposition of any infringement action under this Section 7.2 without the prior written consent of XXXXXXXXX and DFCIM.I.T. (subject to concurrence of XXXXXXX, such consent not to be unreasonably withheldHARVARD, delayed or conditionedand/or INSTITUTE, as applicable).

Company Right to Prosecute. So long as COMPANY remains the exclusive licensee of the PATENT RIGHTS in the ENFORCEMENT 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 ENFORCEMENT FIELD in the TERRITORY, subject to Sections 7,4 7.4 and 7.5. If required by lawM.I.T., XXXXXXXXX and/or DFCI WXXXXXXXX, HARVARD and HOSPITAL shall permit any action under this Section 7.2 to be brought in its name, including being joined as a party-plaintiff, provided that COMPANY shall hold XXXXXXXXX M.I.T., WXXXXXXXX, HARVARD and DFCI HOSPITAL harmless from, and indemnify XXXXXXXXX M.I.T., WXXXXXXXX, HARVARD and DFCI HOSPITAL against, any costs, expenses, or liability that XXXXXXXXX and DFCI incur M.I.T., WXXXXXXXX, HARVARD or HOSPITAL incurs in connection with such action. Prior to commencing any such action, COMPANY shall consult with XXXXXXXXX M.I.T. (and DFCI HARVARD with respect to the HARVARD PATENT RIGHTS) and shall consider the views of XXXXXXXXX M.I.T. (and DFCI HARVARD with respect to the HARVARD PATENT RIGHTS) 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 without the prior written consent of XXXXXXXXX and DFCIM.I.T. (subject to concurrence of WXXXXXXXX, such consent not to be unreasonably withheldHARVARD and/or HOSPITAL, delayed or conditionedas applicable).

Company Right to Prosecute. So long as COMPANY remains the exclusive licensee of the PATENT RIGHTS in the ENFORCEMENT 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 ENFORCEMENT FIELD in the TERRITORY, subject to Sections 7,4 7.4 and 7.5. If required by law, XXXXXXXXX and/or DFCI shall permit any action under this Section 7.2 to be brought in its name, including being joined as a party-plaintiff, provided that COMPANY shall hold reimburse XXXXXXXXX and DFCI harmless from, and indemnify for any reasonable out-of-pocket costs XXXXXXXXX and DFCI against, any costs, expenses, or liability that XXXXXXXXX and DFCI incur incurs in connection with such action. Prior to commencing any such action, COMPANY shall consult with XXXXXXXXX and DFCI and shall consider the views of XXXXXXXXX and 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 which imposes obligations on XXXXXXXXX or MIT beyond those set forth herein, or which invalidates or restricts the PATENT RIGHTS, without the prior written consent of XXXXXXXXX and DFCI(subject to concurrence of MIT, such as applicable), which consent shall not to be unreasonably withheld, delayed withheld or conditioneddelayed.