Common use of Litigation re: Unauthorized Use Clause in Contracts

Litigation re: Unauthorized Use. Vendor shall not oppose any suit or proceeding instituted by Nasdaq (a) to enjoin any person who is not entitled to receive the Information from Vendor in accordance with the terms of this Agreement, from receiving, transmitting or using the Information or (b) to enjoin any person receiving, assisting in receiving, transmitting, or assisting in transmitting, any Information from Vendor or Nasdaq outside the authorized channels of communication set forth in this Agreement. Vendor agrees to cooperate with and assist Nasdaq in any such suit or proceeding. If a Nasdaq request for cooperation and assistance pursuant to this Section 5.02 imposes substantial burdens upon Vendor outside Vendor's usual course of business, then Nasdaq agrees to reimburse Vendor for Vendor's reasonable direct expenses incurred in connection with such request. If Vendor furnishes, or permits to be furnished, any Information to any party other than in accordance with this Agreement and without the prior approval of Nasdaq, then Nasdaq, in addition to exercising any other rights it may have under this Agreement, may take any action against such other party to prevent the receipt, transmission or use of the Information by such other party, either with or without making Vendor a party to such action.

Litigation re: Unauthorized Use. Vendor shall not oppose any suit or proceeding instituted by Nasdaq NASDAQ (a) to enjoin any person who is not entitled to receive the Information from Vendor in accordance with the terms of this Agreement, from receiving, transmitting or using the Information or (b) to enjoin any person receiving, assisting in receiving, transmitting, or assisting in transmitting, any Information from Vendor or Nasdaq NASDAQ outside the authorized channels of communication set forth in this Agreement. Vendor agrees to cooperate with and assist Nasdaq NASDAQ in any such suit or proceeding. If a Nasdaq NASDAQ request for cooperation and assistance pursuant to this Section 5.02 imposes substantial burdens upon Vendor outside Vendor's usual course of business, then Nasdaq NASDAQ agrees to reimburse Vendor for Vendor's reasonable direct expenses incurred in connection with such request. If Vendor furnishes, or permits to be furnished, any Information to any party other than in accordance with this Agreement and without the prior approval of NasdaqNASDAQ, then NasdaqNASDAQ, in addition to exercising any other rights it may have under this Agreement, may take any action against such other party to prevent the receipt, transmission or use of the Information by such other party, either with or without making Vendor a party to such action.

Litigation re: Unauthorized Use. Vendor shall not oppose any suit or proceeding instituted by Nasdaq NASDAQNasdaq (a) to enjoin any person who is not entitled to receive the Information from Vendor in accordance with the terms of this Agreement, from receiving, transmitting or using the Information or (b) to enjoin any person receiving, assisting in receiving, transmitting, or assisting in transmitting, any Information from Vendor or Nasdaq NASDAQNasdaq outside the authorized channels of communication set forth in this Agreement. Vendor agrees to cooperate with and assist Nasdaq NASDAQNasdaq in any such suit or proceeding. If a Nasdaq NASDAQNasdaq request for cooperation and assistance pursuant to this Section 5.02 imposes substantial burdens upon Vendor outside Vendor's usual course of business, then Nasdaq NASDAQNasdaq agrees to reimburse Vendor for Vendor's reasonable direct expenses incurred in connection with such request. If Vendor furnishes, or permits to be furnished, any Information to any party other than in accordance with this Agreement and without the prior approval of NasdaqNASDAQNasdaq, then NasdaqNASDAQNasdaq, in addition to exercising any other rights it may have under this Agreement, may take any action against such other party to prevent the receipt, transmission or use of the Information by such other party, either with or without making Vendor a party to such action.