Notification of Unauthorized Use. Disetronic 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, and, in the event that TheraSense brings such an action or proceeding, Disetronic shall cooperate and provide full information and assistance to TheraSense and its counsel in connection with any such action or proceeding; provided that TheraSense shall reimburse Disetronic for any expenses (including but not limited to reasonable attorney's fees) incurred by Disetronic.
Appears in 4 contracts
Samples: International Distributor Agreement (Therasense Inc), International Distributor Agreement (Therasense Inc), International Distributor Agreement (Therasense Inc)