XXXXXXXXX Right to Prosecute. In the event that COMPANY is unsuccessful in persuading the alleged infringer to desist or fails to have initiated an infringement action within a reasonable time (no sooner than [***] months) after COMPANY first becomes aware of the basis for such action in writing from XXXXXXXXX, XXXXXXXXX will have the right, at its sole discretion, to prosecute such infringement under its sole control and at its sole expense, and any recovery obtained shall belong to XXXXXXXXX.
XXXXXXXXX Right to Prosecute. In the event that COMPANY is unsuccessful in persuading the alleged infringer to desist or fails to have initiated an infringement action within a reasonable time after COMPANY first becomes aware of the basis for such action, XXXXXXXXX shall have the right, at its sole discretion but only after good-faith consultation with COMPANY, to prosecute such infringement under its sole control and [***]. In the event that COMPANY has chosen not to intiate an infringement action for business reasons, XXXXXXXXX shall consider in good faith COMPANY’s reasons for such decision in deciding whether to prosecute such infringement.
XXXXXXXXX Right to Prosecute. In the event that COMPANY is unsuccessful in persuading the alleged infringer to desist or fails to have initiated an infringement action within a reasonable time after COMPANY first becomes aware of the basis for such action, XXXXXXXXX shall have the right [***] to prosecute such infringement under its sole control and at its sole expense, and any recovery obtained shall belong to XXXXXXXXX, but XXXXXXXXX shall reimburse COMPANY for any costs or expenses incurred in assisting XXXXXXXXX in such action as reasonably requested by XXXXXXXXX. In the event that COMPANY has chosen not to initiate an infringement action for business reasons, XXXXXXXXX shall consider in good faith COMPANY’s reasons for such decision in deciding whether to prosecute such infringement.”
XXXXXXXXX Right to Prosecute. In the event that COMPANY is unsuccessful in persuading the alleged infringer to desist or fails to have initiated an infringement action within a reasonable time after COMPANY first becomes aware of the basis for such action, XXXXXXXXX, M.I.T. and HARVARD will have the right, at their sole discretion, to prosecute such infringement under its sole control and at its sole expense, and any recovery obtained will belong to XXXXXXXXX, M.I.T. and HARVARD.
