Notice and Prosecution of Infringement. Licensee agrees to notify Licensor promptly, in writing, of any alleged, actual or threatened infringement of any of the Licensed Marks within the Service Area of which Licensee becomes aware. Licensor has the sole right to determine whether or not to take any action on such infringements. Licensor has the sole right to employ counsel of its choosing and to direct any litigation and settlement of infringement actions. Any recoveries, damages and costs recovered through such proceedings shall belong exclusively to Licensor, and Licensor shall be solely responsible for all costs and expenses (including attorney fees) of prosecuting such actions. Licensee agrees to provide Licensor with all reasonably requested assistance in connection with such proceedings.
Notice and Prosecution of Infringement. Teacher will notify SVA promptly, in writing, of any alleged, actual or threatened infringement of rights to the Marks or Goods within the Territory. However, SVA has the sole right to take action on any such infringement.
Notice and Prosecution of Infringement. Licensee agrees to -------------------------------------- notify Licensor promptly, in writing, of any alleged, actual or threatened infringement of any of the Licensed Marks within the Service Area of which Licensee becomes aware. Licensor has the sole right to determine whether or not to take any action on such infringements. Licensor has the sole right to employ counsel of its choosing and to direct any litigation and settlement of infringement actions. Any recoveries, damages and costs recovered through such proceedings shall belong exclusively to Licensor, and Licensor shall be solely responsible for all costs and expenses (including attorney fees) of prosecuting such actions. Licensee agrees to provide Licensor with all reasonably requested assistance in connection with such proceedings.
Notice and Prosecution of Infringement. The Licensee shall promptly notify the Licensor of any infringement, counterfeiting or passing-off of any of the Trademarks of which it has actual knowledge, whether by the use of any of the Trademarks or otherwise, but shall not take any action, legal or otherwise, with respect to such infringement, counterfeiting or passing-off without prior notice to the Licensor. In the event that the Licensee deems legal proceedings to be reasonably necessary to enjoin any third party with respect to the alleged infringement, counterfeiting or passing-off of any of the Trademarks, the Licensor shall have the right, at its option and expense and either in its name, in the name of the Licensee, or in the name of both the Licensor and the Licensee, to be represented by counsel selected by the Licensor, and to prosecute, negotiate, settle or otherwise deal with such proceeding. The Licensee may participate in or (if the Licensor elects not to do so) prosecute any such proceeding at its own cost and expense (subject to reimbursement by the Licensor of reasonable costs and expenses if the Licensee prevails in such proceeding) and with counsel of its choice; provided, however, that if the Licensor prosecutes the proceeding, the Licensor shall control such proceeding. The Licensee shall not settle such proceeding, or any claim or demand, release any liability or take any action with respect thereto without the prior written consent of the Licensor, which shall not be unreasonably withheld.
Notice and Prosecution of Infringement. PERIMMUNE will promptly notify SIGMA of any counterfeiting, imitation or passing off of any Licensed Product or suspected infringement of any Licensed Patents by a third party of which PERIMMUNE becomes aware. PERIMMUNE and SIGMA shall discuss and attempt to mutually agree as to any action, legal or otherwise, which should be taken with respect to such suspected infringement. PERIMMUNE shall have the right to bring any action for infringement of the Licensed Patents, but if it chooses not to do so, or fails to do so within a reasonable period of time, SIGMA may do so and may join PERIMMUNE as a party to any such action. SIGMA shall have the right to bring actions for counterfeiting, imitation or passing off which do not involve patent infringement. In any such action so instituted, each party will cooperate with the party bringing the action in all respects, will on reasonable notice make any of its employees, officers, directors, managers, trustees, agents, and other representatives available to testify when appropriate and necessary and, on reasonable notice, and will make available as necessary all relevant records, papers, information, samples and specimens. Any and all expenses incurred in the enforcement of Licensed Patents, (including reasonable attorney's fees) whether by PERIMMUNE or SIGMA, and any and all money or recoveries received in connection therewith shall be borne or retained by the party bringing the action.
Notice and Prosecution of Infringement. Licensee agrees to notify Licensor promptly, in writing, of any alleged, actual or threatened infringement of any of the Software of which Licensee becomes aware. Licensee and Licensor shall mutually determine whether or not to take any action on such infringements. Licensee and Licensor shall mutually agree on legal counsel to direct any litigation and settlement of infringement actions. Any recoveries, damages and costs recovered through such proceedings shall be divided equally between the parties hereto, and both parties hereto shall be equally responsible for all costs and expenses (including attorney fees) of prosecuting such actions.
Notice and Prosecution of Infringement. (a) Each Party shall promptly notify the other Party of any actual or potential infringement, counterfeiting, or other unauthorized use of the Licensor Intellectual Property by any other person (an "Infringement") of which it becomes aware.
