Enforcement by ARCA Clause Samples

Enforcement by ARCA. Archemix will, upon ARCA’s request, reasonably assist ARCA in any action or proceeding being prosecuted by ARCA under this Section 6.3(b) if so requested, and shall lend its name to such actions or proceedings if reasonably requested by ARCA or required by applicable law. ARCA shall reimburse Archemix for the documented external costs Archemix reasonably incurs in providing such assistance as specifically requested in writing by ARCA. Archemix shall have the right to participate and be represented in any such suit by its own counsel at its own expense; provided, that, ARCA shall retain overall responsibility for the prosecution of such suit or proceedings in such event. No settlement of any such action or proceeding which restricts the scope, or adversely affects the enforceability, of an Archemix Patent Right, or which could be reasonably expected to have a material adverse financial impact on Archemix, may be entered into by ARCA without the prior written consent of Archemix, which consent shall not be unreasonably withheld, delayed or conditioned.