Common use of Enforcement of EPIZYME Patents Clause in Contracts

Enforcement of EPIZYME Patents. As between the Parties, EPIZYME shall have the primary right, but not the obligation, to institute, prosecute, control and settle any action or proceeding with respect to any Competitive Infringement of EPIZYME Patents in the Territory, by counsel of its own choice, and EISAI shall have the right, at its own expense, to be represented in such action by counsel of its own choice. If EPIZYME fails to bring an action or proceeding or otherwise take affirmative actions to address such infringement within a period of [**] days after first being notified of such Competitive Infringement (or [**] days after being notified in the case of an action brought under the Xxxxx-Xxxxxx Act or any ex-U.S. equivalent of the Xxxxx-Xxxxxx Act), as between the Parties, EISAI shall have the right to bring and control such an action by counsel of its own choice, and EPIZYME shall have the right to be represented in any such action by counsel of its own choice at its own expense.

Enforcement of EPIZYME Patents. As Subject to Section 9.6, as between the Parties, EPIZYME EISAI shall have the primary right, but not the obligation, to institute, prosecute, control and settle any action or proceeding with respect to any Competitive Infringement of EPIZYME Patents in the TerritoryPatents, by counsel of its own choice, and EISAI EPIZYME shall have the right, at its own expense, to be represented in such action by counsel of its own choice. If EPIZYME EISAI fails to bring an action or proceeding or otherwise take affirmative actions to address such infringement within a period of [**] days after first being notified of such Competitive Infringement (or [**] days after being notified in the case of an action brought under the Xxxxx-Xxxxxx Act or any ex-U.S. equivalent of the Xxxxx-Xxxxxx Act), as between the Parties, EISAI EPIZYME shall have the right to bring and control such an action by counsel of its own choice, and EPIZYME EISAI shall have the right to be represented in any such action by counsel of its own choice at its own expense.