Common use of First Right to Respond Clause in Contracts

First Right to Respond. [ * ] shall have the first right, but not obligation, to prosecute or prevent such infringement in the Field in the Territory. [ * ] Any action taken by [ * ] pursuant to this Section 8.6.1 shall be at the sole cost and expense of [ * ], provided, however, that [ * ] shall have the right to participate in any such action at its own expense. [ * ] [*] Confidential information omitted and filed separately with the Commission. 16 CONFIDENTIAL [ * ]

First Right to Respond. [ * ] shall have the first right, but not obligation, to prosecute or prevent such infringement in the Field in the Territory. [ * ] Any action taken by [ * ] pursuant to this Section 8.6.1 7.6.1 shall be at the sole cost and expense of [ * ], provided, however, that [ * ] shall have the right to participate in any such action at its own expense. [ * ] [*] Confidential information omitted and filed separately with the Commission. 16 CONFIDENTIAL [ * ]