Common use of ENTREMED's Right To Litigate Clause in Contracts

ENTREMED's Right To Litigate. In the event that CELGENE elects not to pursue an action for infringement or to defend against a DJ action, as the case may be, CELGENE shall notify ENTREMED in writing of such election and ENTREMED shall have the right and option, but not the obligation, at its cost and expense, to initiate infringement litigation and to retain any recovered damages.