Joint Suit. If Stanford and ***** so agree, they may institute suit or defend the declaratory judgment action jointly. If so, they will:
(A) prosecute the suit in both their names;
(B) bear the out-of-pocket costs equally;
(C) share any recovery or settlement equally; and
(D) agree how they will exercise control over the action.
Joint Suit. If Stanford and Telomolecular so agree, they may institute suit jointly. If so. they will: (A) Prosecute the suit in both their names: (B) Bear the out-of-pocket costs equally; (C) Share any recovery or settlement equally: and (D) Agree how they will exercise control over the action.
Joint Suit. If Stanford and either or both Licensees are jointly prosecuting an action against a third party infringer, they will share the out-of-pocket costs and any recovery or settlement equally; and agree how they will exercise control over the action.
Joint Suit. If Stanford and Fate so agree, they may institute suit jointly. If so, they will:
(A) prosecute the suit in both their names;
(B) bear the out-of-pocket costs equally;
(C) share any recovery or settlement equally; and
(D) agree how they will exercise control over the action.
Joint Suit. If University and Licensee agree to institute suit jointly, the suit shall be brought in both their names, the out-of-pocket costs thereof shall be borne equally, and any recovery or settlement shall be shared equally. University and Licensee shall agree to the manner in which they shall exercise control over such suit. Each Party, at its option, may be represented by separate counsel of its own selection, the fees for which shall be paid by each such party.
Joint Suit. If ULRF and Licensee so agree, they may institute suit jointly. If so, they will: (a) prosecute the suit in both their names; (b) bear the out-of-pocket costs equally; (c) share any recovery or settlement equally; and (d) agree in a separate written document how they will exercise control over the action. In the event that a non-cash cross license is awarded or a non-cash settlement is reached, both Parties agree to negotiate appropriate compensation in good faith.
Joint Suit. If Stanford and ImmuMetrix so agree, they may institute suit jointly. If so, they will:
(A) prosecute the suit in both their names;
(B) bear the out-of-pocket costs equally;
(C) share any recovery or settlement equally; and
(D) agree how they will exercise control over the action. S09-367 : GWK
Joint Suit. If Stanford and Eidos so agree, they may institute suit or defend the declaratory judgment action jointly. If so, they will:
(A) prosecute the suit in both their names;
(B) bear the out-of-pocket costs equally;
(C) share any recovery or settlement equally; and
(D) agree how they will exercise control over the action.
Joint Suit. If CHMC and Company agree in writing to jointly institute a suit against any third party who has infringed or is suspected of infringing any of the Patents licensed hereunder within the Field of Use in the Territory, then the suit will be brought in the name of both parties. The parties will agree in writing on who will control the action and how costs and recoveries will be shared. If the parties agree that Company will control the action, then CHMC may, if it so desires, be represented by counsel of its own selection and at its own expense.
Joint Suit. If Stanford and RUGA so agree, they may institute suit jointly. lasso, they will:
(A) prosecute the suit in both their names;
(B) bear the out-of-pocket costs equally;
(C) share any recovery or settlement equally; and
(D) agree how they will exercise control over the action.
