Common use of Trademark Infringement Clause in Contracts

Trademark Infringement. KDP shall promptly call to the attention of Can-Fxxx the use by any Third Party of any Trademark or any trademark similar to the Trademarks, of which it becomes aware. Can-Fxxx shall have the right to decide whether or not to bring proceedings against such Third Parties, giving commercially reasonable consideration to any reasonably anticipated, material adverse effect(s) on KDP’s business (to the extent KDP has provided written information to Can-Fxxx regarding such reasonably anticipated, material adverse effect(s)). Such proceedings shall be at the expense of Can-Fxxx. KDP shall cooperate fully with Can-Fxxx to whatever extent is deemed reasonably necessary by Can-Fxxx to prosecute such action. In the event that Can-Fxxx recovers damages from prosecution of such action, Can-Fxxx shall retain all amounts received for such damages, except that KDP shall be entitled to reimbursement of its costs, expenses, and attorneys’ fees attributable to such action (or in proportionate amounts thereof, should Can-Fxxx recover an insufficient amount for both Parties’ such costs and expenses).

Trademark Infringement. KDP CKD shall promptly call to the attention of Can-Fxxx Xxxx the use by any Third Party of any Trademark or any trademark similar to or dilutive of the Trademarks, of which it becomes aware. Can-Fxxx Xxxx shall have the right to decide whether or not to bring proceedings against such Third Parties, giving commercially reasonable consideration to any reasonably anticipated, material adverse effect(s) on KDPCKD’s business (to the extent KDP CKD has provided written information to Can-Fxxx Xxxx regarding such reasonably anticipated, material adverse effect(s)). Such proceedings shall be at the expense of Can-FxxxXxxx. KDP CKD shall cooperate fully with Can-Fxxx Xxxx to whatever extent is deemed reasonably necessary by Can-Fxxx Xxxx to prosecute such action. In the event that Can-Fxxx Xxxx recovers damages from prosecution of such action, Can-Fxxx Xxxx shall retain all amounts received for such damages, except that KDP CKD shall be entitled to reimbursement of its costs, expenses, and attorneys’ fees attributable to such action (or in proportionate amounts thereof, should Can-Fxxx Xxxx recover an insufficient amount for both Parties’ such costs and expenses).

Trademark Infringement. KDP SKK shall promptly call to the attention of Can-Fxxx the use by any Third Party of any Trademark or any trademark similar to the Trademarks, of which it becomes aware. Can-Fxxx shall have the right to decide whether or not to bring proceedings against such Third Parties, giving commercially reasonable consideration to any reasonably anticipated, material adverse effect(s) on KDPSKK’s business (to the extent KDP SKK has provided written information to Can-Fxxx regarding such reasonably anticipated, material adverse effect(s)). Such proceedings shall be at the expense of Can-Fxxx. KDP SKK shall cooperate fully with Can-Fxxx to whatever extent is deemed reasonably necessary by Can-Fxxx to prosecute such action. In the event that Can-Fxxx recovers damages from prosecution of such action, Can-Fxxx shall retain all amounts received for such damages, except that KDP SKK shall be entitled to reimbursement of its costs, expenses, and attorneys’ fees attributable to such action (or in proportionate amounts thereof, should Can-Fxxx recover an insufficient amount for both Parties’ such costs and expenses).