Common use of Protection of Proprietary Rights Clause in Contracts

Protection of Proprietary Rights. Each party hereto shall promptly notify the other party in writing of any infringement by a third party of a patent, copyright or trademark or misappropriation of any trade secret relating to the Security System or the Assets within the Territory. In the case of an infringement, misappropriation or other action described herein, Manager is hereby authorized to, but shall not be required to, institute an action against the infringer, misappropriator or other third party, and to defend or prosecute such action in whatever manner deemed appropriate by Manager, in its sole discretion. The reasonable costs and expenses relating thereto shall be deemed to be included within the definition of "Expenses". If Manager elects not to commence such an action, then Owner may, but shall not be required to, institute such an action, and the reasonable costs and expenses relating thereto shall be deemed to be included within the definition of Expenses. Any recoveries obtained as a result of instituting such an action shall be deemed to be Net Revenues for the purposes of distributing such funds. Owner shall cooperate with and generally assist Manager in taking any action authorized hereunder. This provision shall survive any termination or expiration of this Agreement, to the extent Manager retains any license to the Application Software.