Common use of University Right to Institute Action Clause in Contracts

University Right to Institute Action. If Company fails, within ninety (90) days of receiving of the University’s written request to take action against an alleged infringer of exclusively Licensed Rights, to secure cessation of the infringement, institute suit against the infringer, or to provide to University satisfactory evidence that Company is engaged in bona fide negotiations for the acceptance by infringer of a Sublicense to the relevant Licensed Rights, then University may, upon written notice to Company, assume full right and responsibility to secure cessation of the infringement or institute suit against the infringer, or secure acceptance of a Sublicensee by Company from the alleged infringer in the relevant Licensed Patents. If University, in accordance with the terms and conditions of this Agreement, chooses to institute suit against an alleged infringer, University may bring such suit in its own name (or, if required by law, in its and Company’s name) and at its own expense, and Company will, but at University’s expense for Company’s direct associated expenses, fully and promptly cooperate and assist University in connection with any such suit. All license fees, royalties, damages, awards, or settlement proceeds arising from such a University-initiated action will be solely for the account of University.

University Right to Institute Action. If Company fails, within ninety (90) 90 days of receiving learning of the University’s written request to take action against an alleged infringer of exclusively Licensed Rightsinfringement, to secure cessation of the infringement, institute suit against the infringer, or to provide to University satisfactory evidence that Company is engaged in bona fide negotiations for the acceptance by infringer of a Sublicense in and to relevant patents in Licensed Patents for the relevant Licensed RightsField of Use, then University may, upon written notice to Company, assume full right and responsibility to secure cessation of the infringement or infringement, institute suit against the infringer, or secure acceptance of a Sublicensee Sublicense by Company from the alleged infringer in the and to relevant patents in Licensed Patents. Such license shall not be subject to Company’s approval. If University, in accordance with the terms and conditions of this Agreement, chooses to institute suit against an alleged infringer, University may bring such suit in its own name (or, if required by law, in its and Company’s name) and at its own expense, and Company willshall, but at University’s expense for Company’s direct associated expenses, fully and promptly cooperate and assist University in connection with any such suit. All license fees, royalties, damages, awards, or settlement proceeds arising from such a University-initiated action will be solely for the account of University.

University Right to Institute Action. If Company has first right to pursue infringers and fails, within ninety (90) 90 days of receiving learning of the University’s written request to take action against an alleged infringer of exclusively Licensed Rightsinfringement, to secure cessation of the infringement, institute suit against the infringer, or to provide to University satisfactory evidence that Company is engaged in bona fide negotiations for the acceptance by infringer of a Sublicense in and to relevant patents in Licensed Patents for the relevant Licensed RightsField of Use, then University may, upon written notice to Company, assume full right and responsibility to secure cessation of the infringement or infringement, institute suit against the infringer, or secure acceptance of a Sublicensee Sublicense by Company from the alleged infringer in the and to relevant patents in Licensed Patents. Such license shall not be subject to Company’s approval. If University, in accordance with the terms and conditions of this Agreement, chooses to institute suit against an alleged infringer, University may bring such suit in its own name (or, if required by law, in its and Company’s name) and at its own expense, and Company willshall, but at University’s expense for Company’s direct associated expenses, fully and promptly cooperate and assist University in connection with any such suit. All license fees, royalties, damages, awards, or settlement proceeds arising from such a University-initiated action will be solely for the account of University.

University Right to Institute Action. If Company Licensee fails, within ninety (90) days of receiving learning of the University’s written request to take action against an alleged infringer of exclusively Licensed Rightsinfringement, to secure cessation of the infringement, institute suit against the infringer, or to provide to University satisfactory evidence that Company Licensee is engaged in bona fide negotiations negotiation for the acceptance by infringer of a Sublicense in and to relevant patents in UW Patent Rights for the relevant Licensed RightsField of Use, then University maymay then, upon written notice to CompanyLicensee, assume full right and responsibility to secure cessation of the infringement or infringement, institute suit against the infringer, or secure acceptance of a Sublicensee by Company Sublicense from the alleged infringer Licensee in the and to relevant Licensed Patentspatents in UW Patent Rights, approval for which Sublicense Licensee shall not unreasonably withhold. If University, University in accordance with the terms and conditions of this Agreement, Agreement chooses to institute suit against an alleged infringer, University may bring such suit in its own name (or, if required by law, in its and Company’s Licensee's name) and at its own expense, and Company willLicensee shall, but at University’s 's expense for Company’s Licensee's direct associated expenses, fully and promptly cooperate and assist University in connection with any such suit. All license fees, royalties, Any and all damages, awards, or settlement proceeds arising from such a University-University initiated action will shall be solely for the account of University's.

University Right to Institute Action. If Company fails, within ninety (90) days of receiving learning of the University’s written request to take action against an alleged infringer of exclusively Licensed Rights, to secure cessation of the infringement, institute suit against the infringer, or to provide to University satisfactory evidence that Company is engaged in bona fide negotiations for the acceptance by infringer of a Sublicense to the relevant Licensed Rights, then University may, upon written notice to Company, assume full right and responsibility to secure cessation of the infringement or institute suit against the infringer, or secure acceptance of a Sublicensee Sublicense by Company from the alleged infringer in the relevant Licensed Patents. Before commencing such action, University shall consult with Company concerning, among other things, the advisability of bringing suit, the selection of counsel, and the jurisdiction for such action. Although University shall use reasonable efforts to consider the views of Company regarding the proposed action, including without limitation with respect to potential effects on Company’s interest in the Licensed Patents, University is not obligated to accept Company’s position. If University, in accordance with the terms and conditions of this Agreement, chooses to institute suit against an alleged infringer, University may bring such suit in its own name (or, if required by law, in its and Company’s name) and at its own expense, and Company will, but at University’s expense for Company’s direct associated expenses, fully and promptly cooperate and assist University in connection with any such suit. All license fees, royalties, damages, awards, or settlement proceeds arising from such a University-initiated action will be solely for the account of University.