Common use of Product Trademark Enforcement Clause in Contracts

Product Trademark Enforcement. If XOMA or Alexion has knowledge of any suspected infringement of the Product Trademark(s) by Third Parties, the Party having such knowledge shall promptly inform the other Party of such infringement. Alexion and XOMA shall thereafter consult and cooperate fully to determine a course of action, including the commencement of legal action by Alexion to terminate any such infringement. In connection with any such action, XOMA will cooperate fully and will provide Alexion with any information or assistance that Alexion may reasonably request. Alexion may settle, compromise or otherwise dispose of any such proceeding that concerns the validity of any Product Trademark at its discretion, all costs of which will be considered Commercialization Expenses and all awards in connection therewith will be included in Gross Sales upon receipt.