Common use of Infringement Matters Clause in Contracts

Infringement Matters. (a) Each of EarthShell and Sublicensee will promptly, and in any event within thirty (30) days of discovery, notify the other in writing of any apparent infringement of the Technology in the Territory which comes to its attention while this Agreement remains in effect. EarthShell shall have the sole right, at its sole cost and expense and in its absolute discretion, to bring any suit to enjoin such infringement and to recover damages therefor for its sole account.

Appears in 2 contracts

Samples: Sublicense Agreement (Earthshell Corp), Sublicense Agreement (Earthshell Corp)

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Infringement Matters. (a) Each of EarthShell and Sublicensee GP will promptly, and in any event within thirty (30) days of discovery, notify the other in writing of any apparent infringement of the Technology in the Territory which comes to its attention while this Agreement remains in effect. EarthShell shall have the sole right, at its sole cost and expense and in its absolute discretion, to bring any suit to enjoin such infringement and to recover damages therefor for its sole account.

Appears in 2 contracts

Samples: Technology Sublicense Agreement (Earthshell Corp), Technology Sublicense Agreement (Earthshell Corp)

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