Common use of Enforcement of Product Trademarks Clause in Contracts

Enforcement of Product Trademarks. IceCure shall have the right, but not the obligation, to bring and control any action or proceeding, at IceCure’s expense, to enforce the Product Trademarks in the Territory and/or the Limited Territory, including taking such action as IceCure deems necessary against a Third Party based on any alleged, threatened or actual infringement, dilution or misappropriation of, or unfair trade practices or any other like offense relating to, the Product Trademarks in the Territory and/or the Limited Territory by a Third Party. If IceCure does not enforce the Product Trademarks in any such instance, then IceCure shall promptly so notify Terumo, and Terumo shall have the right, but not the obligation, at Terumo’s expense, to do so. Each Party shall provide to the other Party all reasonable assistance requested by such first Party in connection with any such action, claim or suit under this Section 9.7(d), including allowing such first Party access to such other Party’s documents and to such other Party’s personnel who may have possession of relevant information.

Enforcement of Product Trademarks. IceCure shall have the right, but not the obligation, to bring and control any action or proceeding, at IceCure’s expense, to enforce the Product Trademarks in the Territory and/or the Limited Territory, including taking such action as IceCure deems necessary against a Third Party based on any alleged, threatened or actual infringement, dilution or misappropriation of, or unfair trade practices or any other like offense relating to, the Product Trademarks in the Territory and/or the Limited Territory by a Third Party. If IceCure does not enforce the Product Trademarks in any such instance, then IceCure shall promptly so notify Terumo, and Terumo shall have the right, but not the obligation, at Terumo’s expense, to do so. Each Party shall provide to the other Party all reasonable assistance requested by such first Party in connection with any such action, claim or suit under this Section 9.7(d), including allowing such first Party access to such other Party’s documents and to such other Party’s personnel who may have possession of relevant information.