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 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.

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.