Common use of Notification of Unauthorized Use Clause in Contracts

Notification of Unauthorized Use. Nipro shall promptly notify -------------------------------- TheraSense in writing upon its discovery of any unauthorized use or infringement of the FreeStyle Products and/or TheraSense's patent, copyright, trademark or other intellectual property rights with respect thereto. TheraSense shall have the sole and exclusive right to bring an infringement action or proceeding against a third party, but TheraSense shall use its commercially reasonable judgment in determining its enforcement actions. In the event that TheraSense brings such an action or proceeding, Nipro shall provide commercially reasonable cooperation and provide commercially reasonable information and assistance to TheraSense and its counsel in connection with any such action or proceeding; provided that TheraSense shall reimburse Nipro for any direct costs (such as reasonable attorney's fees) incurred by Nipro.