Common use of Declaratory Judgment Clause in Contracts

Declaratory Judgment. If a declaratory judgment action is brought naming Licensee and/or any of its Affiliates or Sublicensees as a defendant and alleging invalidity or unenforceability of any claims within the Patent Rights, Licensee shall promptly notify each Institution in writing and the Institutions may elect, upon written notice to Licensee within thirty (30) days after they each receive notice of the commencement of such action, to take over the sole defense of the invalidity and/or unenforceability aspect of the action at its own expense.

Declaratory Judgment. If a declaratory judgment action is brought naming Licensee and/or any of its Affiliates or Sublicensees as a defendant and alleging invalidity or unenforceability of any claims within the Patent RightsLicensed Patents, Licensee shall promptly notify each Institution Xxxxxx in writing and the Institutions Xxxxxx may elect, upon written notice to Licensee within thirty (30) days after they each receive Xxxxxx receives notice of the commencement of such action, to take over the sole defense of the invalidity and/or or unenforceability aspect of the action at its own expense.

Declaratory Judgment. If a declaratory judgment action is brought naming Licensee and/or any of its Affiliates or Sublicensees as a defendant and alleging invalidity or unenforceability of any claims within the Patent Rights, Licensee shall promptly notify each Institution Licensor in writing and the Institutions may electLicensor shall, upon written notice to Licensee Licensor within thirty (30) days after they each receive Licensor receives notice of the commencement of such action, to will take over the sole defense of the invalidity and/or unenforceability aspect of the action at its own expense.