Common use of Prosecution and Defense of Infringements Clause in Contracts

Prosecution and Defense of Infringements. Licensee ---------------------------------------- shall have the right but not the obligation to prosecute any and all infringements of any patent licensed hereunder and to defend all charges of infringement arising as a result of the exercise by Licensee, its Affiliates or sublicensees of the rights granted hereunder. Licensee may enter into settlements, stipulated judgments or other arrangements respecting such infringement, at its own expense. Licensor shall permit any action to be brought in his name if required by law, and Licensee shall hold Licensor harmless from any costs, expenses of liability respecting all such infringements or charges of infringement, except such infringements as shall result from any breach of warranty made by Licensor herein. Licensor agrees to provide all necessary assistance of a technical nature which Licensee may require in any litigation arising with respect to the Licensed Technology. In the event Licensee elects not to prosecute any infringement, Licensee shall notify Licensor in writing promptly and Licensor shall have the right to prosecute such infringement on his own behalf. If Licensee elects to prosecute an infringement, then Licensor shall not be entitled to do so.

Prosecution and Defense of Infringements. Licensee ---------------------------------------- shall have the right but not the obligation to prosecute any and all infringements of any patent licensed hereunder Licensed Patent and to defend all charges of infringement arising as a result of the exercise by Licensee, its Affiliates or sublicensees of the rights granted hereunderin this Agreement. Licensee may enter into settlements, stipulated judgments or other arrangements respecting such infringement, at its own expense. Licensor shall permit any action to be brought in his name if required by law, and Licensee shall hold Licensor harmless from any costs, expenses of liability respecting all such infringements or charges of infringement, except such infringements as shall result from any breach of covenant, warranty or representation made by Licensor herein. Licensor agrees to provide provide, or use diligent effort to obtain from the Russian Inventors and Russian Companies, all necessary assistance of a technical nature which Licensee may require in any litigation arising with respect to the Licensed Technology. In the event Licensee elects not to prosecute any infringement, Licensee shall notify Licensor in writing promptly and Licensor shall have the right to prosecute such infringement on his own behalf. If Licensee elects to prosecute an infringement, then Licensor shall not be entitled to do so.

Prosecution and Defense of Infringements. Subject to the last sentence of this Section 8,6.2, Licensee ---------------------------------------- shall have the right but not the obligation to prosecute any and all infringements in the Field of any patent licensed hereunder Licensed Patent Rights by third parties, unless otherwise agreed to between TSRI and to defend all charges of infringement arising as a result of the exercise by Licensee, its Affiliates or sublicensees of the rights granted hereunder. Licensee may enter into settlements, stipulated judgments or other arrangements respecting such infringement, at its own expense, but only with the prior written consent of TSRI, which consent shall not be unreasonably withheld. Licensor TSRI shall permit any action to be brought in his its name if required by law, and Licensee shall hold Licensor TSRI harmless from any costs, expenses of or liability respecting all such infringements or charges of infringement, except such infringements as shall result from any breach of warranty made by Licensor hereininfringements. Licensor TSRI agrees to provide all necessary reasonable assistance of a technical nature which Licensee may require in any litigation arising in accordance with respect the provisions of this Section 8.7.2, for which Licensee shall pay to the Licensed TechnologyTSRI a reasonable hourly rate of compensation. In the event Licensee elects decides not to prosecute any such [**] = Portions of this exhibit have been omitted pursuant to a confidential treatment request. An unredacted version of the exhibit has been filed separately with the Commission. infringement, Licensee shall notify Licensor TSRI in writing promptly and Licensor TSRI shall have the right right, but not the obligation, to prosecute such infringement on his its own behalf. If Failure on the part of Licensee elects to prosecute an infringementany such infringement shall be grounds for termination of the license granted to Licensee with respect to the patent(s) at issue, then Licensor and such patents shall not thereafter be entitled to do soexcluded from the definition of Licensed Patent Rights, unless such prosecution would be unwarranted or unreasonable in view of: [**].