Common use of Right to Bring an Action Clause in Contracts

Right to Bring an Action. If such infringement, misappropriation or claim is in one or more of the Major Markets, [...***...] shall have the exclusive right to attempt to resolve such infringement or claim, including by filing an infringement or misappropriation suit, defending against or bringing a declaratory judgment action as to such claim or taking other similar action (each, “initiation” of an “Action”) and (subject to Section 6.5(d)) to compromise or settle such infringement or claim. At […***…] request, […***…] shall […***…] provide […***…] with all relevant documentation (as may be requested by […***…]) evidencing that […***…]. If […***…] does not intend to initiate an Action, […***…] shall promptly inform […***…]. If [...***...] does not initiate an Action with respect to such an infringement or claim within […***…] days following notice thereof, [...***...] shall have the right to attempt to resolve such infringement, misappropriation claim or other claim, including by initiating an Action, and (subject to Section 6.5(d)) to compromise or settle such infringement, misappropriation claim or other claim. […***…] shall have the sole and exclusive right to select counsel for any suit initiated by it pursuant to this Section 6.5. If a Party initiates an Action but then elects not to pursue the Action, the other Party shall have the right (but not the obligation) to take over the Action, in which case the second Party shall be deemed to have been the initiating Party.

Right to Bring an Action. If such infringement, misappropriation or claim is in one or more of the Major Markets, [...***...]] shall have the exclusive right to attempt to resolve such infringement or claim, including by filing an infringement or misappropriation suit, defending against or bringing a declaratory judgment action as to such claim or taking other similar action (each, “initiation” of an “Action”) and (subject to Section 6.5(d)) to compromise or settle such infringement or claim. At […***…] request, […***…] shall […***…] provide […***…] with all relevant documentation (as may be requested by […***…]) evidencing that […***…]. If […***…] does not intend to initiate an Action, […***…] shall promptly inform […***…]. If [...***...] does not initiate an Action with respect to such an infringement or claim within […***…] days following notice thereof, [...***...] shall have the right to attempt to resolve such infringement, misappropriation claim or other claim, including by initiating an Action, and (subject to Section 6.5(d)) to compromise or settle such infringement, misappropriation claim or other claim. […***…] shall have the sole and exclusive right to select counsel for any suit initiated by it pursuant to this Section 6.5. If a Party initiates an Action but then elects not to pursue the Action, the other Party shall have the right (but not the obligation) to take over the Action, in which case the second Party shall be deemed to have been the initiating Party.

Right to Bring an Action. If such infringement, misappropriation or claim is in one or more of the Major Markets, [...***...] shall have the exclusive right to attempt to resolve such infringement or claim, including by filing an infringement or misappropriation suit, defending against or bringing a declaratory judgment action as to such claim or taking other similar action (each, “initiation” of an “Action”) and (subject to Section 6.5(d)) to compromise or settle such infringement or claim. At […***…] request, […***…] shall immediately provide […***…] provide […***…] with all relevant documentation (as may be requested by […***…]) evidencing that […***…]. If ] is validly empowered by […***…] does not intend to initiate an Action, . […***…] shall promptly inform […***…]. If [...***...] does not initiate an Action with respect to such an infringement or claim within […***…] days following notice thereof, [...***...] shall have the right to attempt to resolve such infringement, misappropriation claim infringement or other claim, including by initiating an Action, and (subject to Section 6.5(d)) to compromise or settle such infringement, misappropriation claim infringement or other claim. […***…] The Party initiating such Action shall have the sole and exclusive right to select counsel for any suit initiated by it pursuant to this Section 6.5. If a Party initiates an Action but then elects not to pursue the Action, it shall so notify the other Party, and such other Party shall have the right (but not the obligation) to take over the Action, in which case the second such other Party shall be deemed to have been the initiating Party. *** Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions.

Right to Bring an Action. If such infringement, misappropriation or claim is in one or more of the Major Markets, [...…***...…] shall have the exclusive right to attempt to resolve such infringement or claim, including by filing an infringement or misappropriation suit, defending against or bringing a declaratory judgment action as to such claim or taking other similar action (each, “initiation” of an “Action”) and (subject to Section 6.5(d)) to compromise or settle such infringement or claim. At […***…] request, […***…] shall […***…] provide […***…] with all relevant documentation (as may be requested by […***…]) evidencing that […***…]. If […***…] does not intend to initiate an Action, […***…] shall promptly inform […***…]. If [...…***...…] does not initiate an Action with respect to such an infringement or claim within […***…] days following notice thereof, [...…***...…] shall have the right to attempt to resolve such infringement, misappropriation claim or other claim, including by initiating an Action, and (subject to Section 6.5(d)) to compromise or settle such infringement, misappropriation claim or other claim. […***…] shall have the sole and exclusive right to select counsel for any suit initiated by it pursuant to this Section 6.5. If a Party initiates an Action but then elects not to pursue the Action, the other Party shall have the right (but not the obligation) to take over the Action, in which case the second Party shall be deemed to have been the initiating Party.