Litigation Rights Sample Clauses

Litigation Rights. (a) With effect from 21 August 2006, as between CSIRO and Benitec Australia, CSIRO is to have sole responsibility and control over taking, and the right to take, in CSIRO’s discretion, all relevant actions: (i) to enforce, and prevent and stop any infringement of, any Patent or Patent Application in respect of any application in any field, including, without limitation, any Human Field application, wherever in the world; and (ii) to defend or establish the validity, enforceability or entitlement to any Patent or Patent Application, whether in legal proceedings or in proceedings before a patent office (including without limitation by defending any claim, counter-claim, objection, interference action or opposition concerning the validity of or entitlement to any Patent or Patent Application), and Benitec and Benitec Australia must provide all reasonable assistance to CSIRO’s taking of such action. (b) CSIRO will keep Benitec Australia fully informed as to any proceedings concerning any actual or suspected infringement of the Patents and Patent Applications. Benitec Australia will have a right to comment on and have input prior to any of the actions described in clause 15.2(a) to the extent that they relate to the Technology in the Human Field, and CSIRO must reasonably consider all Benitec Australia’s relevant proposals. (c) If CSIRO commences proceedings against any person for infringement of a Relevant Patent at the request of Benitec Australia, Licence Agreement 20 April ▇▇▇▇ ▇▇ then Benitec Australia shall bear all costs and expenses of the proceedings and indemnify CSIRO against any claim, action, damage, loss or liability arising out of the litigation and any related action including any counterclaim for revocation of a patent but Benitec Australia shall be solely entitled to any amounts gained by resolution of the proceedings, subject to payment of amounts (if any) due and payable under the Transition Agreement). Benitec Australia must provide funds to cover such costs quarterly in advance as agreed by CSIRO and Benitec Australia. (d) Benitec Australia acknowledges that, as of the Effective Date, CSIRO owes certain input and consultation rights to third parties in respect of its exercise of its rights under clause 15.2(a) relating to the Relevant Patents (the “Existing Input and Consultation Rights”). Notwithstanding the existence of the Existing Input and Consultation Rights, without derogating from Benitec’s rights under clauses 15.2(b) and 15.2(c),...

Litigation Rights. Notwithstanding any other provision of this Agreement, and regardless of the dispute resolution provisions and arbitration requirements set out herein, Checkmarx may, without waiving any remedy under this Agreement, seek relief from any court of competent jurisdiction to: (a) protect its confidential information or Intellectual Property Rights; or (b) pursue collections activity or compel the payment of Fees due hereunder.

Litigation Rights. In the event the Parties are unable to satisfactorily resolve the Dispute within 30 days from the receipt of notice of the Dispute, subject to any extensions of time as may be mutually agreed upon in writing, or any arbitration agreement, either Party may initiate litigation in a court of law with jurisdiction located in Las Vegas or Reno, Nevada, which shall be the exclusive venue to litigate disputes.

Litigation Rights. To the extent authorized in the Collateral Agreement, Mortgagee shall have the right (a) to appear in and defend any action or proceeding, in the name and on behalf of Mortgagor which Mortgagee, in its sole discretion, determines may adversely affect the Property or this Mortgage; and (b) to institute any action or proceeding which Mortgagee, in its discretion, feels should be brought to protect its interest in the Property or their respective rights hereunder. All costs and expenses incurred by Mortgagee in connection with such actions or proceedings, including, without limitation, reasonable attorneys' fees and costs shall be paid by Mortgagor, on demand.

Litigation Rights. Either party may, without waiving any remedy under this Agreement, seek temporary or permanent injunctive relief including without limitation equitable relief from any court of competent jurisdiction to protect its Confidential Information, non-solicitation rights, License rights and Intellectual Property Rights, regardless of the arbitration requirements. MicroPact reserves the right to pursue legal action in a court of competent jurisdiction to compel payment due hereunder and, in such a case, MicroPact shall be entitled to recover its costs and reasonable attorneys' fees (including the allocable costs of in-house counsel), regardless of the arbitration requirements. The aforementioned clause shall not apply to awards under the Multiple Award Schedule 70 contract.

Litigation Rights. Either party may seek temporary or permanent injunctive relief from any court of competent jurisdiction to protect its Confidential Information, non- solicitation rights, and Intellectual Property Rights, regardless of the arbitration requirements. PPRA reserves the right to pursue collections activity or legal action in a court of competent jurisdiction to compel payment, regardless of the arbitration requirements, and in such a case, PPRA shall be entitled to recover its costs and reasonable attorneys' fees (including the allocable costs of in-house counsel).

Litigation Rights. Notwithstanding the above, the Company reserves the right to initiate legal proceedings in the courts of Hong Kong in cases involving: ● Breaches of confidentiality, non-disclosure obligations, or non-disparagement. ● Acts of gross negligence, fraud, or willful misconduct by the Consultant. ● Enforcement of the arbitrator’s decision, if necessary.

Litigation Rights. Either party may, without waiving any remedy under this Agreement, seek temporary or permanent injunctive relief including without limitation equitable relief from any court of competent jurisdiction to protect its confidential information, non-solicitation, and intellectual property rights, regardless of the mediation requirements. However, for any disputes not settled by mediation as set forth in Section 12.1, the exclusive venue and jurisdiction for all claims arising out of or in connection with this Agreement shall be the competent state or federal court for the county of Arlington, Virginia. The prevailing party shall be entitled to recover from the other party its actual costs and expenses (including allowable attorneys’ fees and expenses) incurred in connection with any litigation between the parties relating to or arising under this Agreement. FURTHERMORE, THE PARTIES HERETO ACKNOWLEDGE THAT THE RIGHT TO TRIAL BY JURY IS A CONSTITUTIONAL RIGHT, BUT THAT THIS RIGHT MAY BE WAIVED. THE PARTIES EACH HEREBY KNOWINGLY, VOLUNTARILY AND WITHOUT COERCION, WAIVE ALL RIGHTS TO A TRIAL BY JURY OF ALL DISPUTES ARISING OUT OF OR IN RELATION TO THIS AGREEMENT, OR ANY OTHER AGREEMENT BETWEEN THE PARTIES.