Infringement of Third Party Marks. If the Licensee becomes aware that any Person alleges that the Trademarks are invalid or if either party hereto becomes aware that any Person alleges that use of the Trademarks infringes any rights of another party, the Licensee or The Open Group, as appropriate, shall immediately notify the other party. The Licensee shall make no comment or admission to any third party in respect thereof except pursuant to any judicial order binding upon it.
Infringement of Third Party Marks. If AB receives any written notice or claim that the use by AB of the Licensed Marks infringes the intellectual property rights of a Third Party, then AB will promptly so notify ABI in writing. ABI shall have the right, but not the obligation, to defend against any such claim. If requested by ABI, AB will join with ABI at ABI’s expense in such action as ABI in its reasonable discretion may deem advisable for the protection of its rights. In connection therewith, AB will cooperate to the extent reasonably required by ABI, and, if so requested by ABI, will join with AM as a party to any action brought by ABI for such purpose. ABI will have full control over any action taken, including, without limitation, the right to select counsel, to settle on any terms it deems advisable in its discretion, to appeal any adverse decision rendered in any court, to discontinue any action taken by it, and otherwise to make any decision in respect thereto as it in its discretion deems advisable.
