INFRINGEMENT SUITS Sample Clauses

INFRINGEMENT SUITS. Neither party shall have any obligation hereunder to institute any action or suit against Third Parties for misappropriation of any of its Confidential Information or to defend any action or suit brought by a Third Party that alleges infringement of any intellectual property rights by the Receiving Party's authorized use of the Disclosing Party's Confidential Information.

INFRINGEMENT SUITS. Neither party shall have any obligation hereunder to institute any action or suit against Third Parties for infringement of any Copyrights or Database Rights or misappropriation of any trade secret rights in or to any Technology licensed to the other party hereunder, or to defend any action or suit brought by a Third Party which challenges or concerns the validity of any of such rights or which claims that any Technology assigned or licensed to the other party hereunder infringes any Patent, Copyright, Database Right or other intellectual property right of any Third Party or constitutes a misappropriated trade secret of any Third Party. Adaptec shall not have any right to institute any action or suit against Third Parties for infringement of any of the Copyrights or Database Rights in or to the Assigned Technology.

INFRINGEMENT SUITS. Neither party shall have any obligation hereunder to institute any action or suit against Third Parties for infringement of any of the Licensed Marks or to defend any action or suit brought by a Third Party which challenges or concerns the validity of any of the Licensed Marks. Purchaser shall not have any right to institute any action or suit against Third Parties for infringement of any of the Licensed Marks.

INFRINGEMENT SUITS. Neither party shall have any obligation hereunder to institute or maintain any action or suit against Third Parties for infringement or misappropriation of any Intellectual Property Right in or to any Technology licensed to the other party hereunder, or to defend any action or suit brought by a Third Party which challenges or concerns the validity of any of such rights or which claims that any Technology licensed to the other party hereunder infringes or constitutes a misappropriation of any Intellectual Property Right of any Third Party. Seller shall not have any right to institute any action or suit against Third Parties for infringement of any of the Transferred Business Intellectual Property Rights. Purchaser shall not have any right to institute any action or suit against Third Parties for infringement of any of the Licensed Business Intellectual Property Rights.

INFRINGEMENT SUITS. Neither party shall have any obligation hereunder to institute any action or suit against Third Parties for infringement of any Copyrights, Database Rights or Mask Work Rights or misappropriation of any trade secret rights in or to any Technology licensed to the other party hereunder, or to defend any action or suit brought by a Third Party which challenges or concerns the validity of any of such rights or which claims that any Technology assigned or licensed to the other party hereunder infringes any Patent, Copyright, Database Right, Mask Work Right or other intellectual property right of any Third Party or constitutes a misappropriated trade secret of any Third Party. HP shall not have any right to institute any action or suit against Third Parties for infringement of any of the Copyrights, Database Rights or Mask Work Rights in or to the Licensed Agilent Technology and Agilent shall not have any right to institute any action or suit against Third Parties for infringement of any of the Copyrights, Database Rights or Mask Work Rights in or to the Licensed HP Technology.

INFRINGEMENT SUITS. (a) In the event of any infringement or threatened infringement of the Patents, Licensor authorizes and empowers Licensee and hereby grants Licensee the right, commencing on the Effective Date, at Licensee’s sole expense, to bring and maintain suit(s) and collect damages for past and future infringements of the Patents solely within the Passenger Vehicle and Heavy Duty Truck Fields of Use, in Licensee’s name. Licensor will, upon request by Licensee, reasonably cooperate in the prosecution of any suit(s) filed pursuant to this Section 2.4(a), at no cost to Licensor, and at Licensee’s cost. To the Licensor’s knowledge, at the time of execution of this Agreement, there are no known infringements of the Patents within the Passenger Vehicle and Heavy Duty Truck Fields of Use. (b) If it is determined by a court that Licensor is a necessary or indispensable party to such a suit, Licensor will join such suit as a party (the Licensor’s “Involuntary Participation”) but all costs, fees, and expenses of Licensor in participating in such suit shall be paid by Licensee as provided in Section 2.4(e) below. (c) Licensor retains the right, and shall be permitted by Licensee, to participate, at Licensor’s cost and in Licensor’s sole discretion, in the defense of the Patents in any such proceeding (the Licensor’s “Voluntary Participation”), and to otherwise protect and preserve its rights and interests generally, as well as in and to the Patents. (d) Upon becoming aware of a Third Party’s infringement or possible infringement of one or more claims of the Patents, Licensee shall, within thirty (30) days notify Licensor in writing of reasonable details concerning such infringement. If within one hundred twenty (120) days (or a longer period if agreed in writing by Licensor) of such notice Licensee has not filed an action for infringement of the Patents, the rights granted in Section 2.4(a) shall be terminable with respect to such infringement in Licensor’s sole discretion, and Licensor shall have the right, but not the obligation, to file a suit in Licensor’s own name and, if it does so, will bear all costs and retain all proceeds therefrom. (e) Licensee shall, except for Licensor’s Voluntary Participation, bear all costs, expenses, fees (including reasonable attorneys’ fees), and shall pay any and all costs, fees, damages, awards, and other amounts associated with any infringement suit brought by Licensee, any counterclaims or other claims associated therewith, or any action ...

INFRINGEMENT SUITS. 13 ----------- ------------------ Section 8.4 No Other Obligations ......................................... 14 ----------- -------------------- Section 8.5 Entire Agreement ............................................. 14 ----------- ---------------- Section 8.6 Governing Law ................................................ 14 ----------- ------------- Section 8.7 Descriptive Headings ......................................... 14 ----------- -------------------- Section 8.8 Notices ...................................................... 14 ----------- ------- Section 8.9 Binding Effect; Assignment ................................... 15 ----------- -------------------------- Section 8.10 Severability ................................................. 16 ------------ ------------ Section

INFRINGEMENT SUITS. Neither Party shall have any obligation hereunder to maintain or to assert or enforce against any other Person any of the Dell Patents or VMware Patents, as applicable.

INFRINGEMENT SUITS. MIL shall have no obligations hereunder to institute any action or suit against Third Parties for infringement of the Licensed Marks or to defend any action or suit brought by a Third Party which challenges or concerns the validity of the Licensed Marks.