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 BioTrove 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 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 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 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 [***], 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 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.
Joint Suit. If Stanford and FAB (itself or through a designee) 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; and
(C) agree how they will exercise control over the action.
