Infringements by Third Parties. Licensee shall promptly notify Licensor in writing of any infringements, improper usage or imitations of the Property on Licensed Products similar to those covered by this Agreement which may come to Licensee's attention. Licensor shall have the sole right to commence and/or defend a legal action or negotiate a settlement relating to any alleged infringement of the Property. Licensee shall not institute any suit or take any actions on account of any such infringements, improper usages or imitations without first obtaining the written consent of the Licensor. Licensee shall use its best efforts to give Licensor all reasonable assistance and cooperation in any such legal action including, but without limitation, executing reasonably necessary documents and giving reasonably necessary testimony to permit Licensor, in its own name and/or on behalf of Licensee or jointly, to commence or defend the legal action. If Licensor wishes to commence litigation in the name of Licensee or name Licensee as a party to such suit, Licensor shall obtain Licensee’s prior written approval, such approval not to be unreasonably withheld. Any reasonable out of pocket costs incurred by Licensee in rendering such assistance requested by Licensor shall be paid for or reimbursed by Licensor. Licensor shall be entitled to any recovery or damages collected as a result of such legal action or negotiated settlement. No settlement by Licensor shall impose a monetary liability on Licensee without Licensee’s consent to such settlement.
Infringements by Third Parties. Wyeth shall notify Biomatrix promptly of any use by any Person of the Trademark or a mark xxxilar to the Trademark. Biomatrix in its sole discretion shall decide whether or how to proceed against a third party infringer. Wyeth shall cooperate fully with Biomatrix in connection with the prosecution of any claim against any such third party infringer. If requested by Biomatrix, Wyeth shall join with Biomatrix, at Biomatrix's expense, in any such action as Biomatrix in its sole discretion may deem advisable, provided, however, that Wyeth shall have no right to take any action with respect to the Trademark without Biomatrix's prior written approval, which approval may be withheld in Biomatrix's sole discretion. The proceeds of any settlement of, or recovery from, any such action shall belong entirely to Biomatrix. If Biomatrix declines in writing to bring any action against an alleged third party infringer, Wyeth may proceed and will bear all expenses of the action. If necessary for Wyeth to proceed, Biomatrix shall join with Wyeth, at Wyeth's expense. The proceeds of any settlement of, or recovery from, any such action initiated by Wyeth shall belong entirely to Wyeth.
Infringements by Third Parties. To the best of Borrowers' knowledge (but without prejudice to Borrowers' rights with respect thereto), no third party is infringing or violating Borrowers' rights in Intellectual Property or exceeding the scope of authorization or license under any contracts made by Borrowers with third parties relating to such Intellectual Property (to the extent granted to such third parties by Borrowers).
Infringements by Third Parties. In the event that Lindon finds any illegal exploitation of the Project Results by a third party, it shall inform the WMG without delay. WMG shall decide on appropriate action to stop the illegal use by the third party, including but not limited to initiation of court proceedings against such illegal user.
Infringements by Third Parties. 11.1 The parties shall cooperate reasonably in the prosecution of infringers of the Software. If the parties cannot agree to pursue a purported infringer, a party wishing to pursue such infringer on its own may do so at its own expense (and to its own benefit), and the other party shall, to the extent necessary, assign its right to pursue such a claim to the former party.
Infringements by Third Parties. The Licensor and the Licensee shall give each other notice of any acts of infringement by third parties involving intellectual property rights relating to the Rights anywhere in the world of which the Licensor or the Licensee has know- ledge and they shall consult together in a view to determine the course of action, if any, to be taken in such circumstances. The Licensee shall assist the Licensor in any and all proceedings against an infringer.
Infringements by Third Parties. Women First shall notify AHPC promptly ------------------------------ of any use by any Person of a trademark or a xxxx similar to one or more of the Licensed Trademarks in the Territory. AHPC in its sole discretion shall decide whether or how to proceed against a third party infringer. Women First shall cooperate fully with AHPC in connection with the prosecution of any claim against any such third party infringer in the Territory. If requested by AHPC, Women First shall join with AHPC, at AHPC's expense, in any such action as AHPC in its sole discretion may deem advisable, provided, however, that Women First shall have no right to take any action with respect to the Licensed Trademarks without AHPC's prior written approval , which may be withheld in AHPC's sole discretion. The proceeds of any settlement of, or recovery from, any such action shall belong entirely to AHPC. If AHPC declines in writing to bring any action against an alleged third party infringer in the Territory, Women First may proceed against such alleged third party infringer in the Territory and will bear all expenses of the action. If necessary for Women First to proceed, AHPC shall join with Women First, at Women First's expense. The proceeds of any settlement of recovery from any such action initiated by Women First shall belong entirely to Women First.
Infringements by Third Parties. If the parties do not otherwise agree on a course of action, Licensee will have the right to pursue and control the prosecution, prevention or termination of any infringement of the Patents or exercise of the other Licensed IP Rights during the term of this Agreement. Licensee may request IriSys in writing to take reasonable steps to assist Licensee to license such Third Party under the infringed claim(s) of the Patents or exercise of the other Licensed IP Rights. If such infringer refuses a license or a license is not appropriate, Licensee may file an appropriate action for infringement of the infringed claim(s) in its own name, or in IriSys' name if necessary. If Licensee determines that it is necessary or desirable for IriSys to join any such suit or action, IriSys will do so at Licensee's expense. In any event, if an action for infringement of any claim(s) in the Patents or exercise of the other Licensed IP Rights is filed, Licensee will have the right to control such litigation and any sums recovered by Licensee will be owned by Licensee and treated as Net Sales in the year actually received. If Licensee chooses not to pursue the prosecution or termination of any infringement, Licensee will promptly notify IriSys to that effect in writing and IriSys will have the option to pursue the same at its own expense and all sums recovered by IriSys will be owned by IriSys.
Infringements by Third Parties. To the Knowledge of the Company, no Person is infringing, misappropriating or otherwise violating any Owned Intellectual Property or Licensed Intellectual Property. The Company and its Subsidiaries have not, at any time during the past four (4) years, initiated any Legal Proceedings or threatened in writing to bring any Legal Proceedings against any Third Party relating to any actual, alleged or suspected infringement, misappropriation or violation by such Third Party of any Owned Intellectual Property or Licensed Intellectual Property, excluding in each case any cease and desist letter or similar written notice that has been resolved to the satisfaction of the Company or its Subsidiaries and that does not materially impair the value of such Owned Intellectual Property or the Company’s or its Subsidiaries’ right to use any such any Owned Intellectual Property or Licensed Intellectual Property, and is otherwise not material to the business of the Company and its Subsidiaries.
Infringements by Third Parties. The Parties shall inform each other of any infringement of the Intellectual property rights coming to their knowledge and support the other Party in any action, which said Party brings against a third party for such infringement. The Union shall have the possibility to decide whether or not to bring an action for infringement against the infringer. In the event the Union decides not to bring an action for infringement against the infringer, it will, within one (1) month of becoming aware of the infringement, notify the Licensee, who will be entitled to do so directly.
