Enforcement by LML Clause Samples

Enforcement by LML. In the event that LML brings a claim under the LML Licensed Patents or Other LML Patents against First Data Corp., TeleCheck, or any FDC Customer, and LML does not dismiss such action within thirty (30) days of written notice from First Data Corp. or TeleCheck that the defendant is a First Data Corp. or TeleCheck controlled entity or FDC Customer, and that the conduct forming the basis of such claim is licensed or permitted by this Agreement, and LML does not prevail on such claim because of the applicability of this Agreement to the alleged infringing conduct, LML shall be required to pay the attorneys’ fees and litigation costs of defending against such claim in that litigation.