Common use of Right to Bring an Action Clause in Contracts

Right to Bring an Action. Starting with the Continuation Date, Company shall have the exclusive right to attempt to resolve any infringement or claim in the Territory, including by filing an infringement suit, defending against such claim or taking other similar action, with respect to a Licensor Patent or Joint Patent (each, an “Action”) and to compromise or settle any such infringement or claim. At Company’s request, Licensor shall promptly provide Company with all relevant documentation (as may be requested by Company) evidencing that Company is validly empowered by Licensor to take such an Action. Licensor is obligated to join Company in such Action, or bring such Action on Company’s behalf upon Company’s request, in each case at Company’s expense, if Company determines that it is necessary to demonstrate “standing to xxx”. Licensor shall cooperate with Company in any such Action. If Company does not intend to prosecute or defend an Action, Company shall promptly inform Licensor.

Right to Bring an Action. Starting with the Continuation Date, Company shall have the exclusive right to attempt to resolve any infringement or claim in the Company Territory, including by filing an infringement suit, defending against such claim or taking other similar action, with respect to a Licensor Patent or Joint Patent (each, an “Action”) and to compromise or settle any such infringement or claim. At Company’s request, Licensor shall promptly provide Company with all relevant documentation (as may be requested by Company) evidencing that Company is validly empowered by Licensor to take such an Action. Licensor is obligated to join Company in such Action, or bring such Action on Company’s behalf upon Company’s request, in each case at Company’s expense, if Company determines that it is necessary to demonstrate “standing to xxx”. Licensor shall cooperate with Company in any such Action. If Company does not intend to prosecute or defend an Action, Company shall promptly inform Licensor.