Common use of Infringement Proceedings Clause in Contracts

Infringement Proceedings. In the event of infringement of the Trademarks by a third party, Siebel shall have the sole right to bring proceedings (including notifications to the Customs Department objecting to the importation of infringing goods) against the infringing party and to retain any damages recovered in such proceedings. Distributor shall cooperate with Siebel in the prosecution of any such infringement proceedings. Distributor shall promptly notify Siebel in writing of any such proceeding and shall provide complete authority, information and assistance to Siebel in connection with such proceeding Siebel shall have the sole and exclusive authority and obligation to defend and/or settle any proceeding with respect to the Trademarks

Appears in 4 contracts

Samples: Value Added Industry Remarketer Agreement (Corio Inc), Value Added Industry Remarketer Agreement (Corio Inc), Value Added Industry Remarketer Agreement (Corio Inc)

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Infringement Proceedings. In the event of infringement of the Trademarks by a third party, Siebel shall have the sole right to bring proceedings (including notifications to the Customs Department objecting to the importation of infringing goods) at its expense against the infringing party and to retain any damages recovered in such proceedings. Distributor ST shall cooperate with Siebel in the prosecution of any such infringement proceedings. Distributor ST shall promptly notify Siebel in writing of any such proceeding and shall provide complete authority, information and assistance to Siebel in connection with such proceeding proceeding. Siebel shall have the sole and exclusive authority and obligation to defend and/or settle any proceeding with respect to the Trademarks.

Appears in 1 contract

Samples: Value Added Industry Remarketer Agreement (Synavant Inc)

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