ATHENA Sample Clauses

ATHENA at its sole expense and in its sole discretion, shall have the right to (i) determine and take the appropriate course of action to enforce the Licensed Patent Rights or otherwise xxxxx the infringement thereof, (ii) take or refrain from taking appropriate action to enforce the Licensed Patent Rights, (iii) initiate and control any litigation or other enforcement action, including without limitation any declaratory relief action asserting the invalidity or noninfringement of any of the Licensed Patent Rights (in its own name or, if required by applicable law, in the came of WU) and (iv) enter into, or permit, the settlement of any such litigation or other enforcement action regarding the Licensed Patent Rights, and shall consider, in good faith, the interest of WU in so doing. At any time after receipt of notice, of ATHENA's intent to file or respond to any such suit under this Section, WU shall have the right to join such suit, and shall pay its own fees and costs if it chooses to do so. WU shall join as a necessary party in any such suit if required to do so by applicable law. If WU is joined as a necessary party without its consent, ATHENA will pay reasonable fees and costs actually incurred by WU upon the presentation of detailed invoices. ATHENA will keep WU reasonably apprised of the status and progress of any such litigation.
Sample 1
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