Common use of Enforcement by UL Clause in Contracts

Enforcement by UL. Subject to Section 3.5, UL shall, in its sole discretion, have the exclusive right to sue for any infringement or dilution of any of the Licensed Brand Assets or take any other enforcement or similar action in connection therewith, including routine enforcement actions not rising to the level of litigation (e.g., administrative procedures such as proceedings under the ICANN Uniform Domain Name Dispute Resolution Policy or customs or police actions). All costs and expenses related to UL’s enforcement of the Licensed Brand Assets pursuant to this Section 3.4 shall be borne by UL and UL shall retain any monetary proceeds from such enforcement. Licensee shall inform UL in writing of any infringement or dilution or suspected infringement or dilution of the Licensed Brand Assets (including any counterfeit uses thereof) that comes to its attention at any time; such notice shall also state whether the Licensee considers such infringement or dilution to be material.