Right to Take Action. Subject to Section 5.1(f) (Secondary Enforcement Rights) and Section 5.1(d) (University Licensors) and any applicable University License, as between Sequenom and Illumina and their respective Affiliates, Illumina shall have the sole right (which it may exercise through its Affiliates at its sole discretion), at its sole expense, to enforce the Pooled Patents against Third Parties that Exploit NIPT LDT Tests in the NIPT LDT Field and against Third Parties that Exploit NIPT IVD Products in the NIPT IVD Field, except to the extent (i) such sole right is inconsistent with an applicable Ancillary Agreement or University License, (ii) that Sequenom and its Affiliates retains the enforcement rights under the Isis Patents in the NIPT LDT Field, or (iii) subject to Section 5.1(e) (Existing Litigation). Subject to the foregoing, solely with respect to infringement of the Isis Patents in the NIPT LDT Field, Sequenom, and in all other cases, Illumina, on behalf of itself and its respective Affiliates, will have the sole right to determine whether or not to take whatever legal or other action is required in response to activities described under Section 5.1(a), including such activities of which Sequenom becomes aware and provides notice under Section 5.1(a) (“Protective Action”). If the applicable Party determines in its sole discretion that such Protective Action is warranted, then such Party or its Affiliates shall, at such Party’s expense, commence and prosecute and control such Protective Action. The other Party may be represented by counsel of its own selection at its own expense in such Protective Action to the extent it is a party of record in such Protective Action, provided that such counsel shall not in any way control such Protective Action.
Right to Take Action. MAC shall have the right, but not the duty or obligation, to take whatever reasonable action it deems appropriate to protect the Premises from any material impairment to its value resulting from any escape, seepage, leakage, spillage, discharge, deposit, disposal, emission or release of Environmentally Regulated Substances from the Premises or the Airport which is not in full accordance with any Environmental Law and arises out of AIRLINE’s past or present operations during the Term of this Agreement. The MAC shall notify the AIRLINE of its intention to take such action in writing thirty (30) days before proceeding under this Subsection D.6. Within that thirty (30) day period, AIRLINE shall have the opportunity to take whatever reasonable action is deemed appropriate by MAC or provide MAC a binding commitment to do so within a reasonable time. If AIRLINE does not take such action or provide a binding commitment within the thirty (30) day period, MAC may proceed under the terms of this Subsection D.6. MAC shall not be obligated to provide such 30 days’ advance notice if doing so may reasonably result in material harm to person or property, but, in such circumstance, MAC shall provide as much advance notice as reasonably practicable under the circumstances. All costs associated with any action by the MAC in connection with this provision, including but not limited to reasonable attorneys’ fees, shall be subject to Subsection D.1. of this Article.
Right to Take Action. Notwithstanding the provisions of Clause 5 and 6.7 above, the Custodian shall be entitled in its absolute discretion to take any action in relation to the Securities, including without limitation the exercise of rights attached thereto and the satisfaction of liabilities arising therefrom or any other action on behalf of the Customer which the Custodian considers is necessary or desirable to safeguard the Securities or further the Customer's interests in the event that no Instructions to the contrary are received or that circumstances make it impracticable for the Custodian to obtain any, or any timely, Instructions.
Right to Take Action. MAC shall have the right, but not the duty or obligation, to take whatever reasonable action it deems appropriate to protect the Leased Premises from any material impairment to its value resulting from any escape, seepage, leakage, spillage, discharge, deposit, disposal, emission or release of Environmentally Regulated Substances from the Leased Premises which is not in full accordance with any Environmental Law and arises out of Mesaba’s past or present operations during the term of this Agreement. MAC shall notify Mesaba of its intention to take such action in writing thirty (30) days before proceeding under this subsection . Within that thirty (30) day period, Mesaba shall have the opportunity to take whatever reasonable action is deemed appropriate by MAC or provide MAC a binding commitment to do so within a reasonable time. If Mesaba does not take such action or provide a binding commitment within the thirty (30) day period, MAC may proceed under the terms of this subsection H of this Section. All costs associated with any action by the MAC in connection with this provision, including but not limited to reasonable attorneys’ fees, shall be subject to subsection B. of this Section.
Right to Take Action. Each party has the sole right at its own expense to take action in respect of any potential or actual infringement of Intellectual Property Rights it owns, regardless of the grant of any rights, exclusive or otherwise, to the other party under this agreement. In response to a request by a party taking such action, the other party will provide information and assistance in connection with such potential or alleged infringement to the extent it relates to the Intellectual Property Rights which are the subject of this agreement, and the requesting party will reimburse to the other party all reasonable costs and expenses incurred as a result. Branding
Right to Take Action. Licensor, at its own expense and in its absolute discretion, may commence, prosecute and/or settle any trademark, unfair competition or related action or proceeding or assert any claim of infringement, unfair competition or any other action relating to the Licensed Xxxx and will retain any award or settlement obtained as a result thereof except to the extent that the award or settlement is based on damages suffered by Licensee. Except upon the prior written request and authorization of Licensor, Licensee will not take any action to prevent infringements, imitations or illegal uses of the Licensed Xxxx. In the event that Licensor determines that some action or assistance relating to the Licensed Xxxx is appropriate, Licensee will render to Licensor all assistance, fully and without reservation, as is reasonably requested in connection with any matter relating to protection or enforcement of the Licensed Xxxx.
Right to Take Action. MAC shall have the right, but not the obligation or duty, to join or participate in, including if it so elects as a formal party, any legal or administrative or equitable proceedings or actions initiated by any person or entity in connection with any Environmentally Regulated Substance, Environmental Law, Environmental Claim arising out of Tenant’s operations of the Leased Premises, whether occurring within the Leased Premises and on the Airport, or if Tenant is not fulfilling its obligations under Section 12.B. above, and in such case to have its reasonable attorneys’ fees and costs incurred in connection therewith paid by Tenant to the extent provided pursuant to Section 12B.
Right to Take Action. In the event that NJMRC or AGIX becomes aware of actual or threatened infringement of any Patent Rights anywhere in the Licensed Territory, that Party shall promptly notify the other Party in writing. AGIX shall have the first right, but not the obligation, to bring, at its sole expense with no expense to NJMRC, an infringement action against any third party. AGIX can use NJMRC's name in connection therewith and to name NJMRC as a party thereto if necessary. If AGIX does not commence a particular infringement action within ninety (90) days of receipt of the notice of infringement, then NJMRC, after notifying AGIX in writing, shall be entitled to bring such infringement action at its own expense. The Party conducting such action shall have full control over its conduct, including settlement of the infringement action. In any event, NJMRC and AGIX shall assist one another and cooperate in any such litigation at the other's request at the expense of the requesting Party.
Right to Take Action. If a suspected infringement or misappropriation does not involve a Covered Infringement, Hengrui may take, or refrain from taking, any action Hengrui chooses, and Arcutis shall have no right to take any action with respect to such suspected infringement or misappropriation, nor to any recoveries with respect thereto. Hengrui will exert reasonable efforts to keep Arcutis informed of actions Hengrui may take as described in the preceding sentence. If the suspected infringement involves a Covered Infringement, Arcutis shall, within thirty (30) days of the first notice referred to in Section 7.3.1, inform Hengrui whether or not Arcutis (and/or its Sublicensee) intends to institute suit against such Third Party with respect to such Covered Infringement. Hengrui will not take any steps toward instituting suit against any Third Party involving a Covered Infringement until Arcutis has informed Hengrui of its intention pursuant to the previous sentence.
Right to Take Action. If any Credit Party shall fail to perform or observe (after the applicable notice and grace period) any of the covenants and/or agreements required to be performed and/or observed by it under any Store Lease or any Space Lease subject to a Mortgage, including, without limitation, payment of all rent and other charges due thereunder, Agent may, 5 Business Days after Credit Party's receipt of written notice (except in emergencies and/or in situations where a failure sooner to perform or observe the same may result in a forfeiture under the Lease (in either of the foregoing cases, Agent shall give only such prior notice as is reasonable under the existing circumstances)), take such action as is appropriate to cause such covenants and/or agreements promptly to be performed and/or observed on behalf of the Credit Parties but no such action by Agent shall release any Credit Party from any of its obligations under the Loan Documents. Upon receipt by Agent from the counterparty under any Lease of any notice of default by the Credit Parties thereunder, Agent may rely thereon and take any action as aforesaid to cure such default even though the existence of such default or the nature thereof may be questioned or denied by the Credit Parties or by any party on behalf of the Credit Parties.
