Common use of NOTICE OF INFRINGEMENT; CLAIM OF LICENSEE INFRINGEMENT Clause in Contracts

NOTICE OF INFRINGEMENT; CLAIM OF LICENSEE INFRINGEMENT. Licensee shall promptly advise Licensor in writing of any notice or claim of any infringement and of the commencement against it of any suit or action for infringement of a third party patent made or brought against Licensee and based upon the use hereunder by Licensee of the Licensed Proprietary Property. Licensee shall have the right either to: (a) request that Licensor enter into negotiations with such third party to obtain rights for Licensee under the third party patent; or (b) request that Licensor defend such suit or action at Licensor's expense.

NOTICE OF INFRINGEMENT; CLAIM OF LICENSEE INFRINGEMENT. Licensee shall promptly advise Licensor in writing of any notice or claim of any infringement and of the commencement against it of any suit or action for infringement of a third party patent made or brought against Licensee and based upon the use hereunder by Licensee of the Licensed Proprietary Property. Licensee shall have the right either to: (a) request that Licensor enter into negotiations with such third party to obtain rights for Licensee under the third party patent; or (b) request that Licensor defend such suit or action at Licensor's ’s expense.