Common use of Intellectual Property Enforcement, Infringement; Indemnification Clause in Contracts

Intellectual Property Enforcement, Infringement; Indemnification. (a) With respect to any claims of infringement in the Territory with respect to a patent, copyright, or trade secret which covers the L-VIS(TM) System or any portion thereof, PVI shall have the first right, but not the duty, to institute infringement actions against Third Parties. If PVI does not institute an infringement proceeding against an offending Third Party, Licensees shall have the right, but not the duty, to institute such an action, provided that PVI shall also appear as a party as licensor and shall have the right to assume control of any infringement proceeding instituted by Licensees by reimbursing Licensees for all of the costs and expenses incurred by Licensees in connection therewith.

Intellectual Property Enforcement, Infringement; Indemnification. (a) With respect to any claims of infringement in the Territory with respect to a patent, copyright, or trade secret which covers the L-VIS(TMiPoint(TM) System Technology or any portion thereof, PVI shall have the first right, but not the duty, to institute infringement actions against Third Parties. If PVI does not institute an infringement proceeding against an offending Third Party, Licensees shall have the right, but not the duty, to institute such an action, provided that PVI shall also appear as a party as licensor and shall have the right to assume control of any infringement proceeding instituted by Licensees by reimbursing Licensees for all of the costs and expenses incurred by Licensees in connection therewith.

Intellectual Property Enforcement, Infringement; Indemnification. (a) With respect to any claims of infringement in the Territory with respect to a patent, copyright, or trade secret which covers the L-VIS(TMVIS(R) System or any portion thereof, PVI shall have the first right, but not the duty, to institute infringement actions against Third Parties. If PVI does not institute an infringement proceeding against an offending Third Party, Licensees shall have the right, but not the duty, to institute such an action, provided that PVI shall also appear as a party as licensor and shall have the right to assume control of any infringement proceeding instituted by Licensees by reimbursing Licensees for all of the costs and expenses incurred by Licensees in connection therewith.