Common use of Infringement of Trademarks Clause in Contracts

Infringement of Trademarks. In the event that, during the term of the license granted to DJ Pharma under Section 1.1 hereof, either DJ Pharma or Dura learn that any of the Rondec Trademarks or CCA Trademarks is being infringed in any territory by any other party, it shall promptly notify the other of such infringement. In such event both DJ Pharma and Dura shall have the right, but not the obligation to act jointly to terminate any such third party infringement, including, without limitation, prosecuting a lawsuit or other legal proceeding at both Dura's and DJ Pharma's joint expense to be shared equally between Dura and DJ Pharma. Any recovery received as a result of such joint action to terminate an infringement of the Rondec Trademarks or CCA Trademarks, less the reimbursement of each Dura and DJ Pharma for the out-of-pocket expenses incurred in taking, joining and prosecuting such action, shall be shared equally between Dura and DJ Pharma. In the event either DJ Pharma or Dura elects to not take any action to terminate such third party infringement (the "Non-Acting Party") within sixty (60) days following notice from the other of a claim of infringement, such other party (the "Acting Party") shall have the right, but not the obligation, to act to terminate any such third party infringement, including, without limitation, prosecuting a lawsuit or other legal proceeding, at the Acting Party's own expense; and the Acting Party may retain any recovery it may receive as a result of its actions to terminate such infringement. Notwithstanding the foregoing, the Non-Acting Party shall fully cooperate with the Acting Party in any action the Acting Party takes to terminate such infringement and, to the extent the Acting Party recovers damages from such third party, through settlement or otherwise, the Non-Acting Party shall be reimbursed by the Acting Party for all reasonable expenses, if any, incurred in connection therewith.

Infringement of Trademarks. In the event that, during the term of the license granted to DJ Pharma under Section 1.1 1.2 hereof, either DJ Pharma or Dura Bermuda learn that any of the Rondec Trademarks or CCA Trademarks Keftab Trademark is being infringed in any territory by any other party, it shall promptly notify the other of such infringement. In such event both DJ Pharma and Dura Bermuda shall have the right, but not the obligation to act jointly to terminate any such third party infringement, including, without limitation, prosecuting a lawsuit or other legal proceeding at both DuraDura Bermuda's and DJ Pharma's joint expense to be shared equally between Dura Bermuda and DJ Pharma. Any recovery received as a result of such joint action to terminate an infringement of the Rondec Trademarks or CCA TrademarksKeftab Trademark, less the reimbursement of each Dura Bermuda and DJ Pharma for the out-of-pocket expenses incurred in taking, joining and prosecuting such action, shall be shared equally between Dura Bermuda and DJ Pharma. In the event either DJ Pharma or Dura Bermuda elects to not take any action to terminate such third party infringement (the "Non-Acting PartyEntity") within sixty (60) days following notice from the other of a claim of infringement, such other party (the "Acting PartyEntity") shall have the right, but not the obligation, to act to terminate any such third party infringement, including, without limitation, prosecuting a lawsuit or other legal proceeding, at the Acting PartyEntity's own expense; and the Acting Party Entity may retain any recovery it may receive as a result of its actions to terminate such infringement. Notwithstanding the foregoing, the Non-Acting Party Entity shall fully cooperate with the Acting Party Entity in any action the Acting Party Entity takes to terminate such infringement and, to the extent the Acting Party Entity recovers damages from such third party, through settlement or otherwise, the Non-Acting Party Entity shall be reimbursed by the Acting Party Entity for all reasonable expenses, if any, incurred in connection therewith.