Recovery and Settlement. If Licensor undertakes the enforcement, (a) any recovery, damages, or settlement derived from that suit, action, or other proceeding will be retained in its entirety by Licensor and (b) Licensor may settle any such suit, action, or other proceeding, whether by consent order, settlement, or other voluntary final disposition, without the advance written approval of Licensee, to the extent such settlement does not harm Licensee’s any use of Licensed IP granted hereunder.
Recovery and Settlement. If Licensor undertakes the enforcement or defense of any Licensed Patent:
Recovery and Settlement. (a) If Licensor undertakes the enforcement or defense of any Licensed Patent, any recovery, damages, or settlement derived from such suit, action, or other proceeding will be retained in its entirety by Licensor; and Licensor may settle any such suit, action, or other proceeding, whether by consent order, settlement, or other voluntary final disposition, without the prior written approval of Licensee, provided that Licensor shall not settle any such suit, action, or other proceeding in a manner that adversely affects the rights of Licensee concerning the Licensed Patents without Licensee's prior written consent, which consent may not be unreasonably withheld.
Recovery and Settlement. If LICENSOR undertakes the enforcement or defense of the Patent:
Recovery and Settlement. If Licensor undertakes the enforcement or defense of any Licensed Asset:
Recovery and Settlement. If an Enforcing Party undertakes the enforcement or defense of any Licensed Patent such Enforcing Party may settle any such suit, action, or other proceeding, whether by consent order, settlement, or other voluntary final disposition, without the prior written approval of the Non-Enforcing Party, provided that such Enforcing Party shall not settle any such suit, action, or other proceeding in a manner that adversely affects the rights of the other Non-Enforcing Party without such Non-Enforcing Party’s prior written consent, which consent may not be unreasonably withheld, conditioned or delayed. Any recovery, damages, or other settlement amounts derived from enforcement or defense of any Licensed Patent shall be allocated first to the Enforcing Party and the Non-Enforcing Party for reimbursement of costs and expenses incurred by such Parties in connection with such suit, action or other proceeding. The Enforcing Party and the Non-Enforcing Party shall negotiate in good faith and mutually agree with respect to the allocation of the balance of any such recovery, damages, or other settlement amounts among the Enforcing Party and the Non-Enforcing Party and agree to give due consideration with regard to whether the infringing activity was solely inside the Field of Use, solely inside the Licensor Field, or in both the Field of Use and the Licensor Field.
