Common use of Infringement Information Clause in Contracts

Infringement Information. DISTRIBUTOR shall notify MACH 3 promptly of any unauthorized use of the MACH 3 Marks and or of any mxxx confusingly similar, thereto which comes to its attention. Within twenty (20) days after MACH 3's receipt of such notice, MACH 3 and DISTRIBUTOR shall decide jointly whether to proceed with any claim or litigation, and each shall have the right to do so independently if the other elects not to participate. If any action taken by MACH 3 and DISTRIBUTOR is joint, then all parties shall share equally in the costs and proceeds. If one party elects to proceed with a claim or litigation independently, the party, which proceeds with the claim or litigation, shall retain all the proceeds thereof and shall bear all of the costs thereof. If MACH 3 elects to make a claim or litigate, DISTRIBUTOR may not proceed with its own separate claim or litigation without first obtaining the written consents of MACH 3 to do so. DISTRIBUTOR shall provide MACH 3 with all reasonable assistance, at the expense of MACH 3, in any prosecution of any such infringement, which MACH 3 may decide to institute. If such infringement reduces the sales of the Products by DISTRIBUTOR, then MACH 3 and DISTRIBUTOR shall mutually agree upon a reduction of the Sales Requirement during the period of such infringement. With respect to any joint action, MACH 3 shall have the sole right to employ counsel and to direct the handling of the action and litigation and any settlement thereof. As to claims or litigation with which DISTRIBUTOR decides to proceed but in which MACH 3 elects not to participate, MACH 3 shall provide DISTRIBUTOR with all reasonable assistance, at DISTRIBUTOR's expense.

Infringement Information. DISTRIBUTOR shall notify MACH 3 promptly of any unauthorized use of the MACH 3 Marks and or and/or of any mxxx confusingly similar, thereto which comes to its attention. Within twenty (20) days after MACH 3's receipt of such notice, MACH 3 and DISTRIBUTOR shall decide jointly whether to proceed with any claim or litigation, and each shall have the right to do so independently if the other elects not to participate. If any action taken by MACH 3 and DISTRIBUTOR is joint, then all parties shall share equally in the costs and proceeds. If one party elects to proceed with a claim or litigation independently, the party, which proceeds with the claim or litigation, shall retain all the proceeds thereof and shall bear all of the costs thereof. If MACH 3 elects to make a claim or litigate, DISTRIBUTOR may not proceed with its own separate claim or litigation without first obtaining the written consents of MACH 3 to do so. DISTRIBUTOR shall provide MACH 3 with all reasonable assistance, at the expense of MACH 3, in any prosecution of any such infringement, which MACH 3 may decide to institute. If such infringement reduces the sales of the Products by DISTRIBUTOR, then MACH 3 and DISTRIBUTOR shall mutually agree upon a reduction of the Sales Requirement during the period of such infringement. With respect to any joint action, MACH 3 shall have the sole right to employ counsel and to direct the handling of the action and litigation and any settlement thereof. As to claims or litigation with which DISTRIBUTOR decides to proceed but in which MACH 3 elects not to participate, MACH 3 shall provide DISTRIBUTOR with all reasonable assistance, at DISTRIBUTOR's expense.

Infringement Information. DISTRIBUTOR Express shall notify MACH 3 ATG promptly of any unauthorized use of the MACH 3 ATG Marks and or of any mxxx mark confusingly similar, similar thereto which whxxx comes to its attention. Within twenty (20) days after MACH 3ATG's receipt of such notice, MACH 3 ATG and DISTRIBUTOR Express shall decide jointly whether to proceed with any claim or litigation, and each shall have the right to do so independently if the other elects not to participate. If any action taken by MACH 3 ATG and DISTRIBUTOR Express is joint, then all both parties shall share equally in the costs and proceeds. If one party elects to proceed with a claim or litigation independently, the party, party which proceeds with the claim or litigation, litigation shall retain all the proceeds thereof and shall bear all of the costs thereof. If MACH 3 ATG elects to make a claim or litigate, DISTRIBUTOR Express may not proceed with its own separate claim or litigation without first obtaining the written consents consent of MACH 3 ATG to do so. DISTRIBUTOR Express shall provide MACH 3 ATG with all reasonable Exhibit 10.9 Confidential Treatment Omissions Noted by (*). Omissions in accordance with Rule 406 of the Securities Act of 1933. Omitted portions have been filed with the Securities and Exchange Commission. assistance, at the expense of MACH 3ATG's expense, in any prosecution of any such infringement, infringement which MACH 3 ATG may decide to institute. If such infringement reduces the sales of the Products by DISTRIBUTORExpress, then MACH 3 and DISTRIBUTOR the parties shall mutually agree upon a reduction of the Sales Requirement during the period of such infringement. With respect to any joint action, MACH 3 ATG shall have the sole right to employ counsel and to direct the handling of the action and litigation and any settlement thereof. As to claims or litigation with which DISTRIBUTOR Express decides to proceed but in which MACH 3 ATG elects not to participate, MACH 3 ATG shall provide DISTRIBUTOR Express with all reasonable assistance, at DISTRIBUTORExpress's expense.

Infringement Information. DISTRIBUTOR shall notify MACH 3 promptly of any unauthorized use of the MACH 3 Marks and or and/or of any mxxx xxxx confusingly similar, thereto which comes to its attention. Within twenty (20) days after MACH 3's receipt of such notice, MACH 3 and DISTRIBUTOR shall decide jointly whether to proceed with any claim or litigation, and each shall have the right to do so independently if the other elects not to participate. If any action taken by MACH 3 and DISTRIBUTOR is joint, then all parties shall share equally in the costs and proceeds. If one party elects to proceed with a claim or litigation independently, the party, which proceeds with the claim or litigation, shall retain all the proceeds thereof and shall bear all of the costs thereof. If MACH 3 elects to make a claim or litigate, DISTRIBUTOR may not proceed with its own separate claim or litigation without first obtaining the written consents of MACH 3 to do so. DISTRIBUTOR shall provide MACH 3 with all reasonable assistance, at the expense of MACH 3, in any prosecution of any such infringement, which MACH 3 may decide to institute. If such infringement reduces the sales of the Products by DISTRIBUTOR, then MACH 3 and DISTRIBUTOR shall mutually agree upon a reduction of the Sales Requirement during the period of such infringement. With respect to any joint action, MACH 3 shall have the sole right to employ counsel and to direct the handling of the action and litigation and any settlement thereof. As to claims or litigation with which DISTRIBUTOR decides to proceed but in which MACH 3 elects not to participate, MACH 3 shall provide DISTRIBUTOR with all reasonable assistance, at DISTRIBUTOR's expense.