Prosecuting Infringement Clause Samples
Prosecuting Infringement. Each party shall promptly notify the other parties of any actual or threatened infringements, imitations, or unauthorized use of the MIIX Intellectual Property by a Third Party of which each party becomes aware, and Underwriters shall be permitted to challenge such infringement, imitation, or unauthorized use. If within ninety (90) days after Underwriters becomes aware or is notified of such actual or threatened infringements, imitations, or unauthorized use, Underwriters does not notify Licensees of Underwriters' intent to challenge, by formal or informal means, such infringement, imitation, or unauthorized use, Licensees may challenge the same, at Licensees' expense. Neither party shall make any settlement without the prior written approval of the other parties if that settlement will adversely affect the rights of the other parties under this Agreement. Each party shall advise the other parties periodically of the status of the action and promptly of any material developments. In the event that Underwriters is paid any damages, settlement amount, or compensation in connection with any such action initiated by Underwriters, Underwriters shall retain any and all damages, settlement, or compensation paid in connection with any such action. In the event that Underwriters decides not to challenge any alleged infringement, imitation, or unauthorized use, and Licensees pursue such challenge and are paid any damages, settlement amount, or compensation in connection with any such action initiated by Licensees, Licensees shall retain any and all damages, settlement, or compensation paid in connection with any such action. In the event that Underwriters and Licensees decide to initiate any such action together, the responsibilities for and any damages, settlement amount, or compensation in connection with such action shall be shared by the participating parties.
Prosecuting Infringement. 6.2.1 Acquisition shall have the right, at its expense, to bring any action on account of any infringements, imitations or unauthorized use of the Marks affecting or in competition with the Cycling Products or the Cycling Business, and Licensor shall cooperate with Acquisition, as Acquisition may reasonably request (including being named in such action as a plaintiff) and at Acquisition's expense, in connection with any such action brought by Acquisition. Nautilus shall also cooperate with respect to such action as may be reasonably requested by Acquisition and at Acquisition's expense (including reimbursement of reasonable attorney's fees and indemnification for any loss, liability, claim, damage or expense suffered by Nautilus which directly results from any action taken at the request of Acquisition and any judgment or award entered against Nautilus in connection with such action). Acquisition shall be entitled to receive and retain any and all damages, settlement, or compensation paid or recovered in connection with any such action brought and prosecuted by Acquisition.
6.2.2 Nautilus shall have the right, at its expense, to bring any action on account of any infringements, imitations or unauthorized use of the Marks affecting or in competition with the Fitness Products or the Fitness Business, and Licensor shall cooperate with Nautilus (including being named in such action as a plaintiff), as Nautilus may reasonably request and at the expense of Nautilus, in connection with any such action brought by Nautilus. Acquisition shall also cooperate with respect to such action as may be reasonably requested by Nautilus and at Nautilus's expense (including reimbursement of reasonable attorney's fees and indemnification for any loss, liability, claim, damage or expense suffered by Acquisition which directly results from any action taken at the request of Nautilus and any judgment or award entered against Acquisition in connection with such action). Nautilus shall be entitled to receive and retain any and all damages, settlement, or compensation paid or recovered in connection with any such action brought and prosecuted by Nautilus.
6.2.3 Licensor shall have the right, at its expense, to bring any action on account of any infringements, imitations or unauthorized use of the Marks affecting or in competition with the Unrelated Business, and Licensees shall cooperate with Licensor, as Licensor may reasonably request and at Licensor's expense, in connection with a...