Common use of Third Party Trademark Use Clause in Contracts

Third Party Trademark Use. Impax shall promptly notify Shire if it or CSO becomes aware of the use of any xxxx by a Third Party that Impax or CSO considers a possible infringement, passing off, or misappropriation of the Trademark. Shire shall have the sole right and discretion to decide whether or not any action or proceeding shall be brought against such Third Party. In the event that Shire decides that an action should be taken against such Third Party, Shire shall take such action at its sole expense and in its own name. Impax agrees to cooperate with Shire, and to procure such cooperation from any CSO or Sales Force member, to the extent reasonably necessary to prosecute such action (and Shire shall pay all reasonable costs and fees of Impax associated therewith). Any damages recovered under such action shall be for the account of Shire.