Common use of Policing and Enforcement Clause in Contracts

Policing and Enforcement. a. From and after the Effective Date, each Party shall undertake commercially reasonable efforts, consistent with its past practice in relation to other intellectual property, to police third party uses, applications and registrations that might constitute infringement or dilution of the IANA Intellectual Property. Each Party shall use reasonable efforts to notify the other Party of any infringement or threatened infringement of the IANA Intellectual Property of which it becomes aware. b. Licensor shall, after consultation with the Relevant Community and the CCG, have the first right but not the obligation to take any action to bring suit to stop such infringement or otherwise enforce Licensor’s rights and Licensee shall cooperate with Licensor in any such action. If Licensor initiates such an enforcement action hereunder, it shall have the exclusive right to employ counsel of its own selection and to direct and control the litigation or any settlement thereof and shall be entitled to retain all amounts awarded as damages in connection therewith after the expenses of Licensee, CCG, the Operational Communities and Licensor are reimbursed on a pro rata basis. In any such action, Licensee shall, at its own expense (subject to reimbursement out of damages awarded pursuant to the preceding sentence), have the right to non-controlling participation through counsel of its own selection. c. If Licensor elects not to enforce its rights or to take other action to stop such infringement, including but not limited to proposing or entering into negotiations, within sixty (60) days following written notification of such infringement to Licensor by Licensee, then Licensee may, after consultation with the Relevant Community, take any action to stop such infringement or otherwise enforce its and Licensor’s rights, subject to Licensor’s prior written approval not to be unreasonably withheld, delayed or conditioned. If Licensee initiates such an enforcement action hereunder, it shall employ counsel of its own selection at its own expense and shall direct and control the litigation or any settlement thereof, which settlement shall be subject in each case to the prior written approval of Licensor, which approval shall not be unreasonably withheld, conditioned or delayed, and shall be entitled to retain all amounts awarded as damages in connection therewith after the expenses of Licensee, its sublicensee, CCG, the Operational Communities and Licensor are reimbursed on a pro rata basis. In any such action, Licensor shall, at its own expense (subject to reimbursement out of damages awarded pursuant to the preceding sentence), have the right to non- controlling participation through counsel of its own selection. At Licensee’s request, Licensor shall assist reasonably in such enforcement action, and Licensee shall bear all costs and expenses of Licensor in providing such requested assistance. Licensor acknowledges that it may be a necessary party to any action brought by Licensee arising from enforcement of such rights, and, if necessary, Licensor shall participate in such action. Licensee agrees that for the two enforcement actions that it has disclosed to Licensor that remain ongoing as of the Effective Date, Licensee will continue with the enforcement action at its own expense, and that Licensee shall direct and control the enforcement action or any settlement thereof.

Policing and Enforcement. a. From and after the Effective Date, each Party shall undertake commercially reasonable efforts, consistent with its past practice in relation to other intellectual property, to police third party uses, applications and registrations that might constitute infringement or dilution of the IANA Intellectual Property. Each Party shall use reasonable efforts to notify the other Party of any infringement or threatened infringement of the IANA Intellectual Property of which it becomes aware. b. Licensor shall, after consultation with the Relevant Community and the CCG, have the first right but not the obligation to take any action to bring suit to stop such infringement or otherwise enforce Licensor’s rights and Licensee shall cooperate with Licensor in any such action. If Licensor initiates such an enforcement action hereunder, it shall have the exclusive right to employ counsel of its own selection and to direct and control the litigation or any settlement thereof and shall be entitled to retain all amounts awarded as damages in connection therewith after the expenses of Licensee, CCG, the Operational Communities and Licensor are reimbursed on a pro rata basis. In any such action, Licensee shall, at its own expense (subject to reimbursement out of damages awarded pursuant to the preceding sentence), have the right to non-controlling participation through counsel of its own selection. c. If Licensor elects not to enforce its rights or to take other action to stop such infringement, including but not limited to proposing or entering into negotiations, within sixty (60) days following written notification of such infringement to Licensor by Licensee, then Licensee may, after consultation with the Relevant Community, take any action to stop such infringement or otherwise enforce its and Licensor’s rights, subject to Licensor’s prior written approval not to be unreasonably withheld, delayed or conditioned. If Licensee initiates such an enforcement action hereunder, it shall employ counsel of its own selection at its own expense and shall direct and control the litigation or any settlement thereof, which settlement shall be subject in each case to the prior written approval of Licensor, which approval shall not be unreasonably withheld, conditioned or delayed, and shall be entitled to retain all amounts awarded as damages in connection therewith after the expenses of Licensee, its sublicensee, CCG, the Operational Communities and Licensor are reimbursed on a pro rata basis. In any such action, Licensor shall, at its own expense (subject to reimbursement out of damages awarded pursuant to the preceding sentence), have the right to non- non-controlling participation through counsel of its own selection. At Licensee’s request, Licensor shall assist reasonably in such enforcement action, and Licensee shall bear all costs and expenses of Licensor in providing such requested assistance. Licensor acknowledges that it may be a necessary party to any action brought by Licensee arising from enforcement of such rights, and, if necessary, Licensor shall participate in such action. Licensee agrees that for the two enforcement actions that it has disclosed to Licensor that remain ongoing as of the Effective Date, Licensee will continue with the enforcement action at its own expense, and that Licensee shall direct and control the enforcement action or any settlement thereof.

Policing and Enforcement. a. From and after the Effective Date, each Party shall undertake commercially reasonable efforts, consistent with its past practice in relation to other intellectual property, to police third party uses, applications and registrations that might constitute infringement or dilution of the IANA Intellectual Property. Each Party shall use reasonable efforts to notify the other Party of any infringement or threatened infringement of the IANA Intellectual Property of which it becomes aware. b. Licensor shall, after consultation with the Relevant Community and the CCG, have the first right but not the obligation to take any action to bring suit to stop such infringement or otherwise enforce Licensor’s rights and Licensee shall cooperate with Licensor in any such action. If Licensor initiates such an enforcement action hereunder, it shall have the exclusive right to employ counsel of its own selection and to direct and control the litigation or any settlement thereof and shall be entitled to retain all amounts awarded as damages in connection therewith after the expenses of Licensee, CCG, the Operational Communities and Licensor are reimbursed on a pro rata basis. In any such action, Licensee shall, at its own expense (subject to reimbursement out of damages awarded pursuant to the preceding sentence), have the right to non-controlling participation through counsel of its own selection. c. If Licensor elects not to enforce its rights or to take other action to stop such infringement, including but not limited to proposing or entering into negotiations, within sixty (60) days following written notification of such infringement to Licensor by Licensee, then Licensee may, after consultation with the Relevant Community, take any action to stop such infringement or otherwise enforce its and Licensor’s rights, subject to Licensor’s prior written approval not to be unreasonably withheld, delayed or conditioned. If Licensee initiates such an enforcement action hereunder, it shall employ counsel of its own selection at its own expense and shall direct and control the litigation or any settlement thereof, which settlement shall be subject in each case to the prior written approval of Licensor, which approval shall not be unreasonably withheld, conditioned or delayed, and shall be entitled to retain all amounts awarded as damages in connection therewith after the expenses of Licensee, its sublicensee, CCG, the Operational Communities and Licensor are reimbursed on a pro rata basis. In any such action, Licensor shall, at its own expense (subject to reimbursement out of damages awarded pursuant to the preceding sentence), have the right to non- controlling participation through counsel of its own selection. At Licensee’s request, Licensor shall assist reasonably in such enforcement action, and Licensee shall bear all costs and expenses of Licensor in providing such requested assistance. Licensor acknowledges that it may be a necessary party to any action brought by Licensee arising from enforcement of such rights, and, if necessary, Licensor shall participate in such action. Licensee agrees that for the two enforcement actions that it has disclosed to Licensor that remain ongoing as of the Effective Date, Licensee will continue with the enforcement action at its own expense, and that Licensee shall direct and control the enforcement action or any settlement thereof.

Policing and Enforcement. a. From and after the Effective Date, each Party shall undertake commercially reasonable efforts, consistent with its past practice in relation to other intellectual property, to police third party uses, applications and registrations that might constitute infringement or dilution of the IANA Intellectual Property. Each Party shall use reasonable efforts to notify the other Party of any infringement or threatened infringement of the IANA Intellectual Property of which it becomes aware. b. Licensor shall, after consultation with the Relevant Community and the CCG, have the first right but not the obligation to take any action to bring suit to stop such infringement or otherwise enforce Licensor’s rights and Licensee shall cooperate with Licensor in any such action. If Licensor initiates such an enforcement action hereunder, it shall have the exclusive right to employ counsel of its own selection and to direct and control the litigation or any settlement thereof and shall be entitled to retain all amounts awarded as damages in connection therewith after the expenses of Licensee, CCG, the Operational Communities and Licensor are reimbursed on a pro rata basis. In any such action, Licensee shall, at its own expense (subject to reimbursement out of damages awarded pursuant to the preceding sentence), have the right to non-controlling participation through counsel of its own selection. c. If Licensor elects not to enforce its rights or to take other action to stop such infringement, including but not limited to proposing or entering into negotiations, within sixty (60) days following written notification of such infringement to Licensor by Licensee, then Licensee may, after consultation with the Relevant Community, take any action to stop such infringement or otherwise enforce its and Licensor’s rights, subject to Licensor’s prior written approval not to be unreasonably withheld, delayed or conditioned. If Licensee initiates such an enforcement action hereunder, it shall employ counsel of its own selection at its own expense and shall direct and control the litigation or any settlement thereof, which settlement shall be subject in each case to the prior written approval of Licensor, which approval shall not be unreasonably withheld, conditioned or delayed, and shall be entitled to retain all amounts awarded as damages in connection therewith after the expenses of Licensee, its sublicensee, CCG, the Operational Communities and Licensor are reimbursed on a pro rata basis. In any such action, Licensor shall, at its own expense (subject to reimbursement out of damages awarded pursuant to the preceding sentence), have the right to non- non-controlling participation through counsel of its own selection. At Licensee’s request, Licensor shall assist reasonably in such enforcement action, and Licensee shall bear all costs and expenses of Licensor in providing such requested assistance. Licensor acknowledges that it may be a necessary party to any action brought by Licensee arising from enforcement of such rights, and, if necessary, Licensor shall participate in such action. Licensee agrees that for the two enforcement actions that it has disclosed to Licensor that remain ongoing as of the Effective Date, Licensee will continue with the enforcement action at its own expense, and that Licensee shall direct and control the enforcement action or any settlement thereof.

Policing and Enforcement. a. From and after the Effective Date, each Party shall undertake all commercially reasonable efforts, consistent with its past practice in relation to other intellectual property, to police third party uses, applications and registrations that might constitute infringement or dilution of the IANA Intellectual Property. Each Party shall use reasonable efforts to notify the other Party and the CCG of any infringement or threatened infringement of the IANA Intellectual Property of which it becomes aware. b. Licensor shall, after consultation with the Relevant Community Operational CommunitiesCommunity and the CCG, have the first solefirst right but not the obligation to take any action to bring suit to stop such infringement or otherwise enforce Licensor’s rights and Licensee shall shall, at Licensor’s expense, cooperate with Licensor in any such action. All decisions regarding enforcement shall be approved by the CCG or by the relevant CCG Representatives as provided in the Community Agreement. If Licensor initiates such an enforcement action hereunder, it shall have the exclusive right to employ counsel of its own selection and to direct and control the litigation or any settlement thereof and shall be entitled to retain all amounts awarded as damages in connection therewith after the expenses of Licensee, CCG, the Operational Communities and Licensor are reimbursed on a pro rata basis. In any such action, Licensee shall, at its own expense (subject to reimbursement out of damages awarded pursuant to the preceding sentence), have the right to non-non- controlling participation through counsel of its own selection. c. If Licensor elects not to enforce its rights or to take other action to stop such infringement, including but not limited to proposing or entering into negotiations, within sixty thirty (30sixty (60) days following offollowing written notification of such infringement to Licensor by Licensee, then Licensee may, after consultation with the Relevant CommunityOperational CommunitiesCommunity, take any action to stop such infringement or otherwise enforce its and Licensor’s rights, subject to Licensor’s prior written approval not to be unreasonably withheld, delayed or conditioned. If Licensee initiates such an enforcement action hereunder, it shall employ counsel of its own selection at andat its own expense and shall direct and control the litigation or any settlement thereof, which settlement shall be subject in each case to the prior written approval of Licensorthe CCG or relevant CCG Representatives thatLicensor, which approval shall not be unreasonably withheld, conditioned or delayed, and shall be entitled to retain all amounts awarded as damages in connection therewith after the expenses of Licensee, its PTIits sublicensee, CCG, the Operational Communities and Licensor are reimbursed on a pro rata basis. In any such action, Licensor shall, at its own expense (subject to reimbursement out of damages awarded pursuant to the preceding sentence), have the right to non- controlling participation through counsel of its own selection. At Licensee’s request, Licensor shall assist reasonably in such enforcement action, and Licensee shall bear all costs and expenses of Licensor in providing such requested assistance. Licensor acknowledges that it may be a necessary party to any action brought by Licensee arising from enforcement of such rights, and, if necessary, Licensor shall participate in such action. Licensee agrees that for the two enforcement actions that it has disclosed to Licensor that remain ongoing as of the Effective Date, Licensee will continue with the enforcement action at its own expense, and that Licensee shall direct and control the enforcement action or any settlement thereof.