Licensee’s Rights. (i) As between the Parties, Licensee shall have the right, but not the obligation, at its own cost and expense, to control enforcement or defense against any Third Party Infringement of the Exclusively Licensed IP with respect to which Licensee is granted a license hereunder (including by bringing an Action or entering into settlement discussions) if (1) Licensor provides Licensee with written notice that it is not exercising its right to control enforcement of such Exclusively Licensed IP (as described in Section 5.2(a)) and that Licensee may do so at its option, or (2) Licensor fails to initiate, or file the relevant response to, the Action (if any), or commence settlement discussions, with respect to the applicable Third Party Infringement prior to or upon the earlier of (A) expiration of the one hundred eighty (180) day period following first receipt by either Party of notice from the other Party of such Third Party Infringement or (B) ten (10) Business Days prior to the deadline for filing, or filing the applicable response to, such Action (if any). Licensor shall use commercially reasonably efforts to notify Licensee of a decision not to exercise its right to control enforcement or defense, as applicable, with respect to any Exclusively Licensed IP, but shall have no liability for any good faith, inadvertent failure to so notify Licensee. Notwithstanding the foregoing, Licensee shall not have any right to control such enforcement or defense pursuant to the foregoing if Licensor provides Licensee with written notice that it is not exercising its right to control enforcement or defense, as applicable, of such Licensed IP (as described in Section 5.2(a)) and that it has reasonably determined in good faith that the Licensed IP should not be enforced or defended at such time, and provides Licensee an opportunity to discuss such reasoning in good faith with Licensor.
(ii) In the case of any infringement, misappropriation, or other violation, or any Third Party allegations of invalidity or unenforceability, of any Licensed IP non-exclusively licensed to Licensee hereunder, Licensee may request (which request Licensor may deny if Licensor reasonably determines that such Licensed IP should not be enforced or defended, and discusses its reasoning therefor with Licensee) that Licensor enforce or defend (as applicable) such Licensed IP (including by bringing an Action or entering into settlement discussions), and if such request is granted, such enforcement or d...
Licensee’s Rights. Subject to the terms, conditions, and limitations set forth in this Agreement, Licensee is hereby granted the License for the duration of the Term.
Licensee’s Rights. The College grants to the Licensee the following rights:-
1.1 to occupy the Accommodation during the License Period;
1.2 to use the Contents;
1.3 to use the Common Parts;
Licensee’s Rights. Licensee will have the first right, but not the obligation, to bring at its own expense and in its sole control such action in the Licensee Territory.
Licensee’s Rights. Accent Signage will supply LICENSEE with the technology and methodology of the purchased Raster® Equipment, the related user manual entitled “How to Creat Great-Looking Interior Signage” (referred to as Manual), and LICENSEE ordered Braille Raster® Spheres. If LICENSEE satisfies its obligations under this agreement, LICENSEE has the following rights:
a. LICENSEE may use the Raster® Equipment, the Manual, and the Braille Raster® Spheres to make and sell Braille sign products
b. LICENSEE may use the trademarks Raster® Braille, Raster® Pen, Auto-Raster®, and Braille Raster® Spheres and use the name “Accent Signage Systems, Inc.”, in LICENSEE’s advertising and promotional literature and electronic media to accurately refer to Braille signs produced by LICENSEE.
c. LICENSEE will be included on Accent Signage’s list of vendors approved to provide Raster® Braille signs.
Licensee’s Rights. In the case of any Third Party Infringement, Licensee may request (which request Licensor may deny if Licensor reasonably determines that such Licensed IP should not be enforced or defended, and discusses its reasoning therefor with Licensee) that Licensor enforce or defend (as applicable) such Licensed IP (including by bringing an Action or entering into settlement discussions), and if such request is granted, such enforcement or defense (as applicable) shall be controlled by Licensor at Licensee’s sole cost and expense; provided that Licensee must approve in writing of all such costs and expenses in advance, and Licensor shall have no obligation to enforce or defend (as applicable) such Licensed IP in the event that Licensee does not approve of such costs and expenses in any material respect.
Licensee’s Rights. You have the following rights: You have the right to occupy the property without interruption or interference from Derby City Council Children’s services for the duration of this agreement (except for the obligation to give access to the staff or contractors) so long as:- You comply with the terms of this agreement and have proper respect for the rights of the local residents, staff, neighbours and other persons in the locality; or You are required to move to another property for good management reasons. You have the right to be consulted before we make any changes in property management, maintenance and support that are likely to substantially affect you.
Licensee’s Rights. Nothing in this Agreement gives Licensee any ----------------- right, title, or interest in any Marks except the right to use in accordance with the terms of this Agreement. Licensee's use of any Marks inures to the benefit of Licensor.
Licensee’s Rights. (i) Licensee shall have the first option, but not the obligation, under its own control and at its own expense, to prosecute any Third Party infringement of the Patent Rights if such infringement is occurring solely in the Field and in the Professional Channel or to defend the Patent Rights in any action (other than interferences, oppositions, reissue proceedings and re-examinations with respect thereto) brought by a Third Party against Licensee which alleges invalidity, unenforceability, or non-infringement of the Patent Rights if such action is solely in the Field and in the Professional Channel. [ * ] = Certain confidential information contained in this document, marked by brackets, has been omitted and filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended.
(ii) If Licensor fails to exercise its rights under Section 9.1(c)(i) below with respect to a specific claim of infringement or action [*], then Licensee shall have the right, but not the obligation, under its own control and at its own expense, to prosecute such Third Party infringement of the Patent Rights or to defend the Patent Rights in such action (other than interferences, oppositions, reissue proceedings and re-examinations with respect thereto) [*] against Licensee which alleges invalidity, unenforceability, or non-infringement of the Patent Rights in the Field and in the Professional Channel.
(iii) If Licensor fails to exercise its rights under Section 9.1(c)(i) below with respect to a specific claim of infringement or action [*], Licensor may elect to allow Licensee to prosecute such Third Party infringement of the Patent Rights or defend any such action. In such case, Licensor shall give written notice to Licensee of such election as soon as practicable, but in no case later than reasonably necessary for Licensee to meet any applicable deadline for such enforcement or action, and Licensee shall have the right in its sole discretion to bring suit or defend such action on its own behalf, at its own expense.
Licensee’s Rights. In consideration of you agreeing to be bound by the terms of this Licence, the Licensor grants you a non-exclusive, royalty free, non- sublicensable, non-assignable, revocable license to use the Data for the Term (as set out in clause 11 below) for non-commercial educational and research purposes (the "Purpose"). It is recognised that benefit is accrued to the Licensor from use of the Data.
