Infringement Action. It is vested in PRONOVA’s own discretion to decide whether an infringement of the Trademarks actually does occur and how, if appropriate, to respond. The costs of such responses shall be borne by PRONOVA and PRONOVA shall retain all recoveries obtained through such responses. RELIANT shall in all such responses assist PRONOVA to all reasonable extents free of charge, other than RELIANT’s out of pocket expenses. If PRONOVA decides not to institute litigation in respect of a possible infringement of any Trademarks, RELIANT shall be entitled to institute appropriate legal action as further described in Section 14, and PRONOVA shall in all such actions assist RELIANT to all reasonable extents free of charge, other than PRONOVA’s out of pocket expenses.
Appears in 6 contracts
Samples: License and Supply Agreement, License & Supply Agreement (Reliant Pharmaceuticals, Inc.), License & Supply Agreement (Reliant Pharmaceuticals, Inc.)
