Common use of Enforcement of Licensed Technology Clause in Contracts

Enforcement of Licensed Technology. If either Can-Fxxx or KDP has knowledge of any infringement or likely infringement of the Licensed Patents or unauthorized use of the Licensed Know-How in the Territory, then the Party having such knowledge shall promptly inform the other Party in writing, and the Parties shall promptly consult with one another regarding the action to be taken. Unless the Parties otherwise mutually agree, Can-Fxxx shall have the initial right, using counsel of its choice, to enforce such Licensed Technology or defend any declaratory action with respect thereto, at its sole expense, and KDP shall give all reasonable assistance to Can-Fxxx in such action. If Can-Fxxx exercises such right, then Can-Fxxx shall control the strategy of such action and, provided that Can-Fxxx either receives KDP’s consent or is required by law, Can-Fxxx may use KDP’s name in connection with such action. If the infringement or likely infringement of the Licensed Patents would be the basis of a potential action solely within the Field in the Territory, and if Can-Fxxx declines to commence such action, then KDP shall have the right, but not the obligation, to commence such declined action with respect to such infringement within the Field in the Territory; provided that, prior to KDP’ s commencement of any such declined action, KDP shall reasonably consider Can-Fxxx’x reasons for declining to commence the action. In the event that KDP elects, in its sole discretion and at KDP’s sole expense, to commence such declined action, (i) KDP shall reasonably consider Can-Fxxx’x input with respect to such declined action; (ii) Can-Fxxx shall give all reasonable assistance to KDP in such action; and (iii) KDP may use Can-Fxxx’x name in connection with such action. KDP shall keep Can-Fxxx reasonably apprised of the progress of any such action commenced by KDP.

Enforcement of Licensed Technology. If either Can-Fxxx Glenveigh or KDP Protherics has knowledge of any infringement or likely infringement of the Licensed Patents or unauthorized use of the Licensed Know-How in the Territory, then the Party having such knowledge shall promptly inform the other Party in writing, and the Parties shall promptly consult with one another regarding the action to be taken. Unless the Parties otherwise mutually agree, Can-Fxxx Protherics shall have the initial right, using counsel of its choice, to enforce such Licensed Technology or defend any declaratory action with respect thereto, at its sole expense, and KDP Glenveigh shall give all reasonable assistance to Can-Fxxx Protherics in such action. If Can-Fxxx Protherics exercises such right, then Can-Fxxx Protherics shall control the strategy of such action and, provided that Can-Fxxx Protherics either receives KDPGlenveigh’s consent or is required by law, Can-Fxxx Protherics may use KDPGlenveigh’s name in connection with such action. If the infringement or likely infringement of the Licensed Patents would be the basis of a potential action solely within the Field in the Territory, and if Can-Fxxx Protherics declines to commence such action, then KDP Glenveigh shall have the right, but not the obligation, to commence such declined action with respect to such infringement within the Field in the Territory; provided that, prior to KDP’ s commencement of any such declined action, KDP shall reasonably consider Can-Fxxx’x reasons for declining to commence the action. In the event that KDP Glenveigh elects, in its sole discretion and at KDPGlenveigh’s sole expense, to commence such declined action, (i) KDP Glenveigh shall reasonably consider Can-Fxxx’x Protherics’ input with respect to such declined action; (ii) Can-Fxxx Protherics shall give all reasonable assistance to KDP Glenveigh in such action; and (iii) KDP Glenveigh may use Can-Fxxx’x Protherics’ name in connection with such action. KDP Glenveigh shall keep Can-Fxxx Protherics reasonably apprised of the progress of any such action commenced by KDPGlenveigh. All out-of-pocket costs reasonably incurred by Protherics and by Glenveigh in connection with this Section 6.3 shall be shared on a pro rata basis as follows: * percent (*%) by Protherics, and * percent (*%) by Glenveigh.

Enforcement of Licensed Technology. If either Can-Fxxx Xxxx or KDP CKD has knowledge of any infringement or likely infringement of the Licensed Patents or unauthorized use of the Licensed Know-How in the Territory, then the Party having such knowledge shall promptly inform the other Party in writing, and the Parties shall promptly consult with one another regarding the action to be taken. Unless the Parties otherwise mutually agree, Can-Fxxx Xxxx shall have the initial right, using counsel of its choice, to enforce such Licensed Technology or defend any declaratory action with respect thereto, at its sole expense, and KDP CKD shall give all reasonable assistance to Can-Fxxx Xxxx in such action. If Can-Fxxx Xxxx exercises such right, then Can-Fxxx Xxxx shall control the strategy of such action and, provided that Can-Fxxx Xxxx either receives KDPCKD’s consent or is required by law, Can-Fxxx Xxxx may use KDPCKD’s name in connection with such action. If the infringement or likely infringement of the Licensed Patents would be the basis of a potential action solely within the Field in the Territory, and if Can-Fxxx Xxxx declines to commence such action, then KDP CKD shall have the right, but not the obligation, to commence such declined action with respect to such infringement within the Field in the Territory; provided that, prior to KDP’ s CKD’s commencement of any such declined action, KDP CKD shall reasonably consider Can-Fxxx’x Xxxx’x reasons for declining to commence the action. In the event that KDP CKD elects, in its sole discretion and at KDPCKD’s sole expense, to commence such declined action, (i) KDP CKD shall reasonably consider Can-Fxxx’x Xxxx’x input with respect to such declined action; (ii) Can-Fxxx Xxxx shall give all reasonable assistance to KDP CKD in such action; and (iii) KDP CKD may use Can-Fxxx’x Xxxx’x name in connection with such action. KDP CKD shall keep Can-Fxxx Xxxx reasonably apprised of the progress of any such action commenced by KDPCKD.

Enforcement of Licensed Technology. If either Can-Fxxx or KDP SKK has knowledge of any infringement or likely infringement of the Licensed Patents or unauthorized use of the Licensed Know-How in the Territory, then the Party having such knowledge shall promptly inform the other Party in writing, and the Parties shall promptly consult with one another regarding the action to be taken. Unless the Parties otherwise mutually agree, Can-Fxxx shall have the initial right, using counsel of its choice, to enforce such Licensed Technology or defend any declaratory action with respect thereto, at its sole expense, and KDP SKK shall give all reasonable assistance to Can-Fxxx in such action. If Can-Fxxx exercises such right, then Can-Fxxx shall control the strategy of such action and, provided that Can-Fxxx either receives KDPSKK’s consent or is required by law, Can-Fxxx may use KDPSKK’s name in connection with such action. If the infringement or likely infringement of the Licensed Patents would be the basis of a potential action solely within the Field in the Territory, and if Can-Fxxx declines to commence such action, then KDP SKK shall have the right, but not the obligation, to commence such declined action with respect to such infringement within the Field in the Territory; provided that, prior to KDP’ s SKK’s commencement of any such declined action, KDP SKK shall reasonably consider Can-Fxxx’x reasons for declining to commence the action. In the event that KDP SKK elects, in its sole discretion and at KDPSKK’s sole expense, to commence such declined action, (i) KDP SKK shall reasonably consider Can-Fxxx’x input with respect to such declined action; (ii) Can-Fxxx shall give all reasonable assistance to KDP SKK in such action; and (iii) KDP SKK may use Can-Fxxx’x name in connection with such action. KDP SKK shall keep Can-Fxxx reasonably apprised of the progress of any such action commenced by KDPSKK.