Right to Xxx. The School’s Governing Body may contract, xxx and be sued.
Right to Xxx. The Mortgagee shall have the right from time to time to xxx for any sums required to be paid by the Mortgagor under the terms of this Mortgage as the same become due, without regard to whether or not the Obligations shall be, or have become, due and without prejudice to the right of the Mortgagee thereafter to bring any action or proceeding of foreclosure or any other action upon the occurrence of any Default existing at the time such earlier action was commenced.
Right to Xxx. Any employee shall have the right to bring civil suit against any citizen, organization, or corporation for injuries or damages suffered, either pecuniary or otherwise, for abridgement of his or her civil rights arising out of the employee's proper performance of official duties. The employee shall advise his or her post or division commander of intent to bring said suit and may consult with said post or division commander concerning said suit.
Right to Xxx. The Companies are each personally obligated and fully liable for the amounts due under this Note. The Holder has the right to xxx the Companies on this Note and obtain a personal judgment against the Companies for the satisfaction of the amount due under this Note, either before or after judicial foreclosure of any Deed of Trust which is security for this note under, among other things, A.S. Sections 09.45.170 - 09.45.220.
Right to Xxx. A statute may not abridge and a law enforcement agency may not adopt a regulation that prohibits the right of a law enforcement officer to bring suit that arises out of the law enforcement officer's duties as a law enforcement officer.
Right to Xxx. After an Event of Default, Agent shall have the right, but shall in no way be obligated, to bring suit in its own name on behalf of and for the benefit of the Lenders to enforce the Patents and, if Agent shall commence any such suit, Borrower shall, at the request of Agent, do any and all lawful acts and execute any and all proper documents required by Agent in aid of such enforcement and Borrower shall promptly, upon demand, reimburse and indemnify Agent for all costs and expenses incurred by Agent in the exercise of its rights under this Section 10.
Right to Xxx. Each Party shall promptly inform the other of any suspected infringement of any SP Patent Rights or misuse, misappropriation, theft or breach of confidence of other proprietary rights in the SP Technology, Compounds or Products by a third party. With respect to such activities as are suspected and if such activities are a violation of BIOCHEM's rights, BIOCHEM may, but shall not have the obligation, to bring suit against a third party for infringement, misuse, misappropriation, theft or breach of confidence of the proprietary rights against such third party. If BIOCHEM does not bring suit within [***] of notice under this section, then SP shall have the right to bring suit. If SP brings suit all recovery shall belong to SP. BIOCHEM, if required by law, shall join SP as a party to the suit at BIOCHEM's expense. In the event that BIOCHEM prosecutes any such lawsuit, then BIOCHEM shall be entitled to deduct its costs and expenses from any damages it is awarded. Any remaining damage awarded shall be treated as Profit and subject to payment under SECTION 3.
Right to Xxx. If, sixty (60) days after receipt of notice of a perceived third-party infringement, such third party infringement continues and the Aggrieved Party has not commenced legal action or presented to the Notifying Party a plan acceptable to the Notifying Party to enjoin or otherwise to resolve such infringement, then the Notifying Party shall be entitled, at its own expense and for its own benefit, to commence an action in its own name. In the event that the Aggrieved Party initiates such action, the Aggrieved Party shall be entitled to retain all damages awarded therein. In the event that the Notifying Party initiates such action, the Notifying Party shall be entitled to retain one half of all damages awarded therein attributable to the Field of Use, after payment of all reasonable legal expenses of such litigation. In the event that the rules then obtaining shall require the naming of the owner of said Patent Rights for purposes of such infringement action, the Notifying Party shall be entitled to name the Aggrieved Party, or to cause the Aggrieved Party to consent to be named, as a party plaintiff in such action; and failing such cooperation the Notifying Party shall be entitled to reduce royalties payable to the Aggrieved Party by fifty percent (50%). Each party shall assist the other party and reasonably cooperate in any such action at said party's request.
Right to Xxx. PuriCore shall have the sole right, but not the obligation to bring, at its own expense, an infringement action against a Third Party infringing one or more of the PuriCore Patents or any of the Licensed Technology and PuriCore shall have full control over the conduct of such litigation and Misonix shall be kept reasonably informed of any such proceedings taken by PuriCore. If PuriCore requests, Misonix shall join with PuriCore as a party to a lawsuit or other proceeding at PuriCore’s expense if necessary or desirable to prosecute such lawsuit or proceeding effectively; however, PuriCore shall retain full control of the prosecution of such lawsuit or proceeding, as the case may be. Any amounts recovered pursuant to any such lawsuit or other proceeding shall be the sole property of PuriCore. Misonix shall cooperate with PuriCore in its efforts to protect the Licensed Technology.
Right to Xxx. The Adviser shall have the primary, and in the first instance sole, right to institute a suit for infringement, unfair competition, or other action with respect to any unauthorized use or suspected infringement. The Adviser shall have the sole discretion to determine how to handle or otherwise deal with any suspected infringement or unauthorized use of the Marks, including the right to settle or otherwise compromise any dispute or suit, and shall promptly notify the Trust of its decision. The Adviser shall have no duty to initiate such litigation if in its sole judgment such litigation is not warranted or is not in its best interests. The Trust may join and be represented in, at its own expense by its own counsel, any proceeding relating to any unauthorized use or suspected infringement to protect its own interests. The Trust agrees that it shall, at all times, reasonably cooperate with the Adviser and its counsel, in all respects, with respect to any unauthorized use or suspected or alleged infringements at the Adviser's expense, including, but not limited to, having the Trust's principals, trustees, directors, employees, officers, and/or agents testify and making available any records, papers, information, specimens, and the like when requested by the Adviser. Any damages and/or recovery received pursuant to such litigation or settlements or compromises shall be the sole and exclusive property of the Adviser. If the Adviser decides in its discretion not to take any action with respect to an unauthorized use or suspected infringement, then the Trust may, at its own option and sole expense, take such action on its own behalf as it deems appropriate and any damages, recovery, settlement, or compromise obtained thereby shall be for the account of the Trust.
