Common use of Primary Responsibility Clause in Contracts

Primary Responsibility. (a) Notwithstanding the foregoing, if the Parties do not otherwise agree on a course of action, DOW shall have primary responsibility for the prosecution, prevention or termination of any Infringement of DOW's Patent Rights hereunder, at DOW's expense and with the sharing of recoveries as specified below. (b) DIVERSA shall have primary responsibility for the prosecution, prevention or termination of any Infringement of DIVERSA's Patent Rights, at DIVERSA's expense and with the sharing of recoveries as specified below. If either Party which has primary responsibility as described in (a) or (b) above determines that it is necessary or desirable for the other Party to join any such suit, action or proceeding, the other Party shall execute all papers and perform such other acts as may be reasonably required in the circumstances, at the 28 * Confidential Treatment Requested expense of the Party which has primary responsibility.

Primary Responsibility. (a) Notwithstanding the foregoing, if the Parties do not otherwise agree on a course of action, DOW TDCC shall have primary responsibility for the prosecution, prevention or termination of any Infringement of DOW's TDCC Patent Rights hereunder, at DOWTDCC's expense and with the sharing of recoveries as specified below. (b) DIVERSA shall have primary responsibility for the prosecution, prevention or termination of any Infringement of DIVERSA's DIVERSA Patent Rights, at DIVERSA's expense and with the sharing of recoveries as specified below. If either Party which has primary responsibility as described in (a) or (b) above determines that it is necessary or desirable for the other Party to join any such suit, action or proceeding, the other Party shall execute all papers and perform such other acts as may be reasonably required in the circumstances, at the 28 * Confidential Treatment Requested expense of the Party which has primary responsibility.