Enforcement Against Infringers Sample Clauses
Enforcement Against Infringers. Upon receipt of the notification in Section 4.1, the Party who has title to the patents or know-how at issue shall have the right, but not the obligation, to take action, at its own expense, to protect the rights of the Parties, including but not limited to the filing of lawsuits. In the event the Party who has title to the patents or know-how at issue decides not to commence an action or pursue claims with respect to any acts of infringement, then the other Party shall have the right, but not the obligation, at its own expense, to pursue the action in its name, and the Party who has title shall take all steps necessary to provide standing to the other Party. The non-acting Party shall reasonably cooperate with the Party bringing the action, and shall bear its own expenses in connection with assisting the Party bringing the action. All damages, awards and settlement proceeds in such actions shall be retained by the Party bringing the action. Notwithstanding anything to the contrary, in no event shall the Party bringing the action be permitted, as part of the settlement of any such action, to admit the invalidity of any patent or know-how to which the other Party has title or under which the other Party has a license without the other Party's written consent, which consent shall not be unreasonably withheld or delayed.
Enforcement Against Infringers. In the event that Licensee becomes aware of any activities or events which it suspects may constitute an infringement by one or more third parties of the rights granted to Licensee under this Agreement with respect to the Licensed Mark, Licensee shall promptly give notice to Licensor of such infring▇▇▇▇t. Licensor shall then have the right, in its sole discretion and at its expense, to take such actions as it may deem necessary and appropriate to protect and defend the rights granted in this Agreement, including, but not limited to, the institution of appropriate legal proceedings. If requested by Licensor, Licensee will join with Licensor in such actions or proceedings at Licensor's expense. Licensor shall be entitled to retain all monetary recoveries resulting from such actions or proceedings or their settlement. In the event that Licensor fails to take any action against an infringer after notice thereof from Licensee then Licensee may do so at Licensee's expense, and the monetary recoveries resulting from such actions or proceedings shall be retained by Licensee.
Enforcement Against Infringers. In the event that the Licensee becomes aware of any activities or events which it suspects may constitute an infringement by one or more third parties of the rights granted to the Licensee under this Agreement, the Licensee shall promptly in its sole discretion and at its expense, take such actions as it may deem necessary and appropriate to protect and defend the rights granted in this Agreement, including, but not limited to, the institution of appropriate legal proceedings. Upon the request of the Licensee, the Licensor shall join in any such actions or proceedings. The Licensee shall bear the costs and expense of such legal proceedings except in the event the Licensor had knowledge of such infringing activities or events prior to the execution of this Agreement, in which event the Licensor shall bear the costs and expenses of protecting and defending the Intellectual Property in question. The party bearing the costs and expenses of such legal proceedings shall be entitled to retain all monetary recoveries resulting from such actions or proceedings or their settlement.
Enforcement Against Infringers. (a) By ▇▇▇ ▇▇▇▇. ▇▇▇ ▇▇▇▇ shall have the right (but not the obligation) to take and thereafter diligently pursue in good faith such actions, as it reasonably deems appropriate, whether by action, suit, proceeding or otherwise, at its own expense to prevent or eliminate the Potential Infringement by the Potential Infringer and to collect damages. Licensee agrees to cooperate with ▇▇▇ ▇▇▇▇ in any reasonable manner including, but not limited to, being named as a co-plaintiff in an action brought by ▇▇▇ ▇▇▇▇. Any damages recovered by ▇▇▇ ▇▇▇▇ shall be used to compensate ▇▇▇ ▇▇▇▇ and Licensee for their respective out-of-pocket expenses incurred in the prosecution of any such action, suit, or proceeding for infringement. Any remaining damages recovered by ▇▇▇ ▇▇▇▇ shall be apportioned to ▇▇▇ ▇▇▇▇ and Licensee so that ▇▇▇ ▇▇▇▇ receives the Royalty Rate then in effect on such remaining damages which shall be considered Net Sales and Licensee receives the remainder.
Enforcement Against Infringers