Common use of Licensee’s First Right to Enforce Clause in Contracts

Licensee’s First Right to Enforce. Licensee shall have the first right, at its own expense, to enforce the APL IP licensed under Section 2.1 against any infringement or alleged infringement thereof in the Field of Use. Licensee shall not initiate an infringement action without the prior written consent of APL, which consent shall not be unreasonably withheld or delayed, and without a good faith belief in the validity of the asserted claims of infringement after reasonable investigation. Licensee shall consult with and keep APL informed of the status of any action. Licensee may, at its own expense, control and defend such action in a manner consistent with the terms of the Agreement.

Licensee’s First Right to Enforce. Licensee shall have the first right, at its own expense, to enforce the APL IP licensed under Section 2.1 against any infringement or alleged infringement thereof in the Field of Use. Licensee shall not initiate an infringement action without the prior written consent of APL, which consent shall not be unreasonably withheld or delayedwithheld, and without a good faith belief in the validity of the asserted claims of infringement after reasonable investigation. Licensee shall consult with and keep APL informed of the status of any action. Licensee may, at its own expense, control and defend such action in a manner consistent with the terms of the Agreement.