Common use of Enforcement; Infringement Clause in Contracts

Enforcement; Infringement. Each Party will notify the other Party promptly of any acts of infringement or unfair competition with respect to any of the FIS Marks of which a Party or any sublicensee of that Party becomes aware or obtains actual knowledge alleging in writing that the FIS Marks or its use infringes the rights of a third party or constitutes unfair competition. In such event, the Parties will cooperate and cause their applicable sublicensees to cooperate, at each Party’s own expense, with the other Party to defend or prosecute the claim. All costs and expenses of defending or prosecuting any such action or proceeding, together with any recovery therefrom, will be borne by and accrue to the applicable Party or sublicensee that is party to the action or proceeding.

Appears in 4 contracts

Samples: Contribution and Distribution Agreement (Lender Processing Services, Inc.), Contribution and Distribution Agreement (Fidelity National Information Services, Inc.), Contribution and Distribution Agreement (Lender Processing Services, Inc.)

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Enforcement; Infringement. Each Party will notify the other Party promptly of any acts of infringement or unfair competition with respect to any of the FIS FNT Marks of which a Party or any sublicensee of that Party becomes aware or obtains actual knowledge alleging in writing that the FIS FNT Marks or its use infringes the rights of a third party or constitutes unfair competition. In such event, the Parties will cooperate and cause their applicable sublicensees to cooperate, at each Party’s own expense, with the other Party to defend or prosecute the claim. All costs and expenses of defending or prosecuting any such action or proceeding, together with any recovery therefrom, will be borne by and accrue to the applicable Party or sublicensee that is party to the action or proceeding.

Appears in 1 contract

Samples: Transition License Agreement (Fidelity National Information Services, Inc.)

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