Infringement Prosecution. (i) Nanosys shall have the sole right to prosecute claims of infringement or misappropriation of Collaboration IP, where such infringement or misappropriation is primarily in Nanosys' Exclusive Field. In each such case, Intel shall, at Nanosys' expense, take all actions reasonably requested by Nanosys in such prosecution, subject to indemnification by Nanosys of Intel for any liability to third parties resulting from such participation.
Infringement Prosecution. (a) (i) Nanosys shall have the sole right to prosecute claims of infringement or misappropriation of Collaboration Rights (whether owned by Nanosys, owned by DuPont, or jointly owned by Nanosys and DuPont) or misappropriation of any trade secret with respect to Collaboration Technology (whether of Nanosys, of DuPont, or jointly of Nanosys and DuPont), where such infringement or misappropriation is primarily in Nanosys' Exclusive Field. In each such case, DuPont shall, at Nanosys' expense, take all actions reasonably requested by Nanosys in such prosecution (which may include participation as a named plaintiff, subject to indemnification by Nanosys of DuPont for any liability to third parties resulting from such participation as a plaintiff).
Infringement Prosecution. (a) Licensee agrees to notify Licensor promptly after it becomes aware of any actual or threatened infringement, imitation, dilution, misappropriation or other unauthorized use or conduct in derogation (“Infringement”) of any of the Licensed Trademarks. Licensor shall have the sole and exclusive right to bring any Action to remedy or seek redress in respect of any Infringement (or to refrain from taking any Action in its sole discretion), and Licensee shall cooperate with Licensor in same. All damages or other compensation of any kind recovered in such Action shall be for the account of Licensor.
Infringement Prosecution. Licensee, as exclusive licensee, shall have power but not the obligation to institute and prosecute at its own expense suits for infringement of the Intellectual Property, whether past or present and if required by law, Licensor will join as party plaintiff in such suits. All expenses in such suits will be borne entirely by Licensee, and Licensee will pay to Licensor twenty-five percent (25%) of any excess of recoveries over expenses in such suits.
Infringement Prosecution. The parties shall cooperate, as set forth herein, to prosecute any patent, copyright, trade secret, or other intellectual property infringement action against any third party with respect to the Software, but only with respect to third party products, items, or activities which Seagate, in good faith, determines are competitive with, or otherwise detrimentally affect Seagate's activities with respect to, the Software ("Infringement Action").
Infringement Prosecution. Each party shall notify the other promptly in writing of any alleged infringement and of any available evidence of infringement or violation by a third party of the Granite City Intellectual Property of which it becomes aware. Company shall diligently pursue and seek redress for any such infringement that may have an affect upon the Right or the License at its own cost. Company shall keep Harmony fully informed of the actions and positions taken by both Company and the alleged infringer in connection with the prosecution, defense and/or settlement of such matter. Any royalties, payments, damages, expenses, fees or other awards received as a result of an infringement suit, whether through judgment or settlement, shall first be used to reimburse Company for its expenses associated with such infringement suit. Any award of compensatory damages pertaining to the Restaurant remaining after reimbursement of such costs shall be applied toward any outstanding balance owed to Harmony under the Loan Document, and the remaining balance, if any, shall be retained by Company. In any such dispute Harmony shall, at the request and expense of Company, reasonably cooperate in all respects with the prosecution of such dispute. Harmony shall have no right to bring or maintain any suit, action, or proceeding to enforce the Granite City Intellectual Property, without the express written consent of Company; provided, however, that in the event that Company fails to fulfill its obligations under this Section 6.1, Company hereby authorizes Harmony to take any and all actions on its behalf, and execute any and all documents and certificates in its name, that are reasonably recommended or necessary to fulfill such obligations, at the sole cost of Company.
Infringement Prosecution. (a) Licensee and Licensor and each agree to promptly notify the other after it becomes aware of any actual or threatened infringement, likelihood of confusion, imitation, dilution, misappropriation, or other unauthorized use or conduct in derogation of any of the Licensed Materials (collectively an “Infringement”). Licensor shall have the first right to bring any litigation, arbitration, or suit (each an “Action”) to remedy or seek redress in respect of any Infringement (or to refrain from pursuing an Action in its own name, in its sole discretion), and Licensee shall cooperate with Licensor in same. If Licensor elects not to promptly bring any Action to remedy or seek redress in respect of any Infringement, Licensee shall have the right in its sole discretion to then bring any such Action, and Licensor shall cooperate with Licensee in same, unless Licensor determines, in its sole discretion, that it is not necessary or appropriate for an Action to redress any alleged Infringement to be prosecuted by any Party, or that it is appropriate to abandon any of the Licensed Materials, the subject of the alleged Infringement, in which case Licensee shall have no right to bring an Action. All damages or other compensation of any kind recovered in such Action shall be for the account of the party bringing such Action.
