Common use of Invalidity or Unenforceability Clause in Contracts

Invalidity or Unenforceability. If any suit, action, or other proceeding alleging invalidity or unenforceability of any patent claim with the Patents is brought against the Acquiror or any sublicensee, the Acquiror shall promptly notify the Corporation in writing and the Corporation, at its option, will have the right, within 30 days of receiving such notice, to take over the sole defense of the invalidity and/or unenforceability aspect of the suit, action, or other proceeding at its own expense.

Invalidity or Unenforceability. If any suit, action, or other proceeding alleging invalidity or unenforceability of any patent claim with the Patents is brought against the Acquiror Corporation or any sublicensee, the Acquiror Corporation shall promptly notify the Corporation Acquiror in writing and the CorporationAcquiror, at its option, will have the right, within 30 days of receiving such notice, to take over the sole defense of the invalidity and/or unenforceability aspect of the suit, action, or other proceeding at its own expense.