Common use of BMS Clause in Contracts

BMS. BMS shall have the initial right, but not the obligation, --- to take reasonable legal action to enforce against infringements by third parties or defend any declaratory judgment action relating to any patent filed pursuant to Section 10.2.1(b)(i), at its sole cost and expense. If, within six (6) months following receipt of such notice from Pharmacopeia, BMS fails to take such action to halt a commercially significant infringement, Pharmacopeia shall, in its sole discretion, have the right, at its sole expense, to take such action. BMS shall have the right to enforce patents filed pursuant to Section 10.2.1(c), in its sole discretion, unless Pharmacopeia has acquired a license to BMS' interest in such patents pursuant to Section 9.3.