Notification of Infringements. If LICENSEE becomes aware of any infringement by a THIRD PARTY of the LICENSED PATENTS, LICENSEE will promptly notify OWNER in writing and will provide OWNER any information LICENSEE has in support of such belief.
Notification of Infringements. If Folgers or any of its Affiliates becomes aware of any infringement or misappropriation by a Third Party of any Parent IP and/or Parent Technology Assets, Folgers will promptly notify Parent in writing and will provide Parent with all information supporting or tending to support such belief.
Notification of Infringements. Should Licensor, ThrillRides or Licensee become aware of any infringement or alleged infringement or violation of any intellectual property rights with respect to any portion of the Technology, the party becoming aware of same shall immediately notify the other parties in writing of the name and address of alleged infringer, the alleged acts of infringement, and any available evidence of infringement.
Notification of Infringements. Subfranchisor agrees to notify GLOBAL promptly if it obtains actual knowledge of any person, firm or organization using the name “CENTURY 21” or a substantially similar name, or using trademarks, service marks, methods or procedures which may constitute an infringement upon the trade names, service marks, trademarks, copyrights or trade secrets of GLOBAL and/or CENTURY 21. This includes, but is not limited to, use of the CENTURY 21 System or Marks by former Franchisees of Subfranchisor whose franchises have been terminated. GLOBAL agrees to notify Subfranchisor promptly if it learns of any person, firm or organization using the name “CENTURY 21” or a substantially similar name within the Territory.
Notification of Infringements. PSC recognizes FRx's legitimate interest in preventing the unauthorized use, reproduction, publication, disclosure or distribution of the Software and the Documentation and will take all reasonable steps to discover and prevent any such unauthorized use, reproduction, publication disclosure or distribution. PSC hereby agrees to notify FRx promptly and in writing whenever PSC has knowledge of any unauthorized possession, use, reproduction, publication, disclosure or distribution of the Software or the Documentation or any portion thereof.
Notification of Infringements. The Parties shall promptly notify each other in the event they become aware of any Patent Rights of a Third Party that may conflict with, or any actual of threatened legal action brought against them in relation to, the performance of the Development Program.
Notification of Infringements. The Council must promptly notify the Department of any actual, threatened or suspected infringement of any Intellectual Property Rights of the Department which come to the Council’s notice. Subject to clause 25, the Department may take whatever action (if any) it deems necessary in the circumstances and will have sole conduct of any resulting proceedings. The Council must at the request, and expense, of the Department do all such things as may be reasonably required to assist the Department in taking any action in relation to any such infringement. Costs incurred and damages recovered in any such proceedings will be for the account of the Department. The Council will not (save as permitted by law) have any right to initiate proceedings in relation to unauthorised use of any Intellectual Property of the Department without the prior written consent of the Department.
Notification of Infringements. The Licensee may at its discretion notify OGT in writing using the procedures set forth in Clause 11.5 of any infringement or possible infringement of any granted patent in the Licensed Patent Rights of which Licensee becomes aware or which Licensee suspects (hereafter “Licensee Identified Infringements”). For Licensee Identified Infringements only, Licensee must if requested by OGT provide OGT or any of its Affiliates with reasonable assistance in any action OGT or any of its Affiliates may take against any person involved with Licensee Identified Infringements, including by disclosing to OGT or any of its Affiliates any relevant information in its possession relating to the Licensee Identified Infringements. In providing such assistance, Licensee will not be obligated under this Agreement to make any external investigations of conduct any analyses. OGT agrees to reimburse Licensee for *% of Licensee’s external legal costs and out-of-pocket expenses in providing OGT or any of its Affiliates with reasonable assistance with respect to the activities of any one infringer or suspected infringer, provided such expenditure has been authorised in advance by OGT, but in no event shall Licensee be obligated to expend more than US $* in such costs and expenses (exclusive of reimbursement by OGT). Any additional costs and expenses shall be borne entirely by OGT but only to the extent that have been authorised in advance by XXX. OGT agrees that Licensee shall be entitled to reimbursement from OGT of the remaining *% of Licensee’s external legal costs and out-of-pocket expenses to the extent that such amounts are recovered by OGT or any of its Affiliates by way of damages, by settlement or otherwise in any action OGT or any of its Affiliates may take in relation to a Licensee Identified Infringement for which Licensee has provided assistance to OGT or any of its Affiliates.
Notification of Infringements. Each Assignor agrees, promptly upon learning thereof, to notify the Collateral Agent in writing of the name and address of, and to furnish such pertinent information that may be available with respect to, any party who such Assignor believes is, or may be, infringing, misappropriating, or otherwise violating any of such Assignor’s rights in and to any Xxxx, Domain Name, Patent, Copyright, Trade Secret, or other intellectual property in any manner that could reasonably be expected to have a Material Adverse Effect, or with respect to any party claiming that any Assignor or any aspect of such Assignor’s present or contemplated business infringes, misappropriates, or otherwise violates in any material respect any property right of that party.
Notification of Infringements. (a) If Cardiome becomes aware of any actual, threatened or suspected infringement by a Third Party of any Patents, Know-how, Basilea Information or Trade Marks relating to the Product in the Territory, it shall promptly inform Basilea in writing and vice versa. Basilea shall have the first right, but not the obligation, to bring, defend, or maintain any suit or action or to control the conduct thereof against any actual, threatened or suspected infringement and Cardiome shall upon reasonable request from Basilea assist and cooperate with Basilea in any such enforcement or defence (with Basilea to reimburse Cardiome for all its reasonable out of pocket costs and expenses, if any, relating to such enforcement or defence). If Basilea requests Cardiome to join Basilea in such suit or action, Cardiome (including any Affiliate of Cardiome) shall execute all papers and perform such other acts as may be reasonably required, in which case Basilea shall reimburse Cardiome for all its reasonable out of pocket costs and expenses, if any. If Basilea (or its designated Basilea Affiliate) lack standing to bring any such action, then Basilea may ask Cardiome to do so, in which case Basilea shall reimburse Cardiome for its reasonable out of pocket costs and expenses in connection therewith, if any, and Cardiome shall conduct such action in accordance with Basilea's instructions. Any recoveries obtained by Basilea as a result of any proceeding against a Third Party infringer shall be allocated as follows:
(i) Such recovery shall first be used to reimburse each Party for all reasonable litigation costs in connection with such litigation paid by that Party (other than those already reimbursed to Cardiome under Section 10.3(a));
(ii) such recovery shall then be used to compensate each Party for the respective damages suffered from the infringement of the respective Patents, Know-how, Basilea Information, Domains or Trade Marks relating to the Product in the Territory, provided that in the event the remaining portion of the recovery is not sufficient to compensate each Party's damages, such compensation shall be paid on a pro-rata share based on the respective damages suffered, provided, however, if such respective damages suffered cannot be reasonably ascertained, the recovery shall be equally shared between the Parties; and
