Common use of Infringement Against Third Parties Clause in Contracts

Infringement Against Third Parties. In the event that either party learns of imitations or infringements of the Property or Licensed Products, that party shall notify the other in writing of the infringements or imitations. Licensor shall have the right to commence lawsuits against third persons arising from infringement of the Property or Licensed Products. In the event that Licensor does not commence a lawsuit against an alleged infringing party within sixty days of notification by Licensee, Licensee may commence a lawsuit against the third party. Before the filing suit, Licensee shall obtain the written consent of Licensor to do so and such consent shall not be unreasonably withheld. Licensor will cooperate fully and in good faith with Licensee for the purpose of securing and preserving Licensee's rights to the Property. Any recovery (including, but not limited to a judgment, settlement or licensing agreement included as resolution of an infringement dispute) shall be divided equally between the parties after deduction and payment of reasonable attorneys' fees to the party bringing the lawsuit.

Appears in 2 contracts

Samples: Sublicense Agreement (American Water Star Inc), Sublicense Agreement (American Water Star Inc)

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Infringement Against Third Parties. In the event that either party Party learns of imitations or infringements of the Property or Licensed ProductsIntellectual Property, that party Party shall notify the other in writing of the infringements or imitations. Licensor shall have the right to commence lawsuits against third persons arising from infringement of the Property or Licensed ProductsIntellectual Property. In the event that Licensor does not commence a lawsuit against an alleged infringing party infringer within sixty 60 days of notification by Licensee, Licensee may commence a lawsuit against the third party. Before the filing suit, Licensee shall obtain the written consent of Licensor to do so and such consent shall not be unreasonably withheld. Licensor will cooperate fully and in good faith with Licensee for the purpose of securing and preserving Licensee's ’s rights to the Intellectual Property. Any recovery (including, but not limited to to, a judgment, settlement or licensing agreement included as a resolution of an infringement dispute) shall be divided equally between the parties Parties after deduction and payment of reasonable attorneys' ’ fees to the party bringing the lawsuit.

Appears in 2 contracts

Samples: License Agreement (MATECH Corp.), License Agreement (Material Technologies Inc /Ca/)

Infringement Against Third Parties. In the event that either party learns of imitations or infringements of the Property or Licensed Products, that party shall notify the other in writing of the infringements or imitations. Licensor shall have the right to commence lawsuits against third persons arising from infringement of the Property or Licensed Products. In the event that Licensor does not commence a lawsuit against an alleged infringing party infringer within sixty days of after notification by Licensee, Licensee may commence a lawsuit against the third party. Before the filing suit, Licensee shall obtain the written consent of Licensor to do so and such consent shall not be unreasonably withheld. Licensor will cooperate fully and in good faith with Licensee for the purpose of securing and preserving Licensee's rights to the Property. Any recovery (including, but not limited to a judgment, settlement or licensing agreement included as resolution of an infringement dispute) shall be divided equally between the parties after deduction and payment of reasonable all costs, expenses and attorneys' fees to incurred by the party bringing the lawsuit.

Appears in 1 contract

Samples: License Agreement (Seychelle Environmental Technologies Inc /Ca)

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Infringement Against Third Parties. In the event that either party Party learns of imitations or infringements of the Property Licensed Technology or Licensed ProductsXxxx, that party Party shall notify the other in writing of the infringements or imitations. Licensor shall have the right to commence lawsuits against third persons arising from infringement of the Property Licensed Technology or Licensed ProductsXxxx. In the event that Licensor does not commence a lawsuit against an alleged infringing party infringer within sixty 60 days of notification by Licensee, Licensee may commence a lawsuit against the third party. Before the filing suit, Licensee shall obtain the written consent of Licensor to do so and such consent shall not be unreasonably withheld. Licensor will cooperate fully and in good faith with Licensee for the purpose of securing and preserving Licensee's rights to the PropertyLicensed Technology and Licensed Xxxx. Any recovery (including, but not limited to a judgment, settlement or licensing agreement included as a resolution of an infringement dispute) shall be divided equally between the parties Parties after deduction and payment of reasonable attorneys' attorneys fees to the party bringing the lawsuit.

Appears in 1 contract

Samples: License Agreement (DWC Installations)

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