Against Third Parties Clause Samples
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Against Third Parties. During the Term, and any Renewal thereof, in the event that the Licensor and/or the Licensee become aware that the Trademark is being infringed upon by third parties in connection with the Products, such party shall promptly notify the other (the "Notifying Party"). Such notice shall contain a reasonably detailed description of all facts known to the Notifying Party about the infringement. Licensee shall, as requested by Licensor , take any and all actions on account of such infringement, including but not limited to sending any Cease and Desist letters to the infringer. Licensee shall be required to enforce Licensor's Trademark rights and institute legal action or suit or otherwise pursue the infringer and Licensee shall be entitled to recover all reasonable out of pocket, direct costs and expenses incurred in such suit or action, including but not limited to all reasonable outside attorneys' fees, costs and expert fees, from any financial recovery obtained. In the event that the Licensee shall have failed to take steps to enforce Licensor's Trademark rights, Licensor shall be entitled, but not obliged, to do so in the place instead of the Licensee and retain any financial recovery, to the exclusion of the Licensee.
Against Third Parties. Licensee shall have the right to file suit directly, or require Licensor to file suit at Licensee’s expense, based on any claim of the Intellectual Property in any manner against its direct or indirect distributors and/or customers that fail to act in strict conformity to the conditions of the written agreements between Licensee and its licensees or on any basis Licensee may have against such third parties under the Intellectual Property or on any other basis.
Against Third Parties