COOPERATION WITH LICENSOR. (a) Licensee agrees to cooperate with Licensor in the prosecution of any trademark or copyright application that Licensor may desire to file, or in the conduct of any litigation relating to the Property. Licensee shall supply to Licensor such samples, containers, labels, sales information and similar material and, upon Licensor's request, shall procure evidence, give testimony and cooperate with Licensor as may reasonably be required in connection with any such application or litigation. (b) With respect to all claims and actions, including actions in which Licensee is joined as a party; Licensor shall have the sole right to employ counsel of its choosing and to direct handling of the litigation and any settlement thereof. Licensor shall be entitled to receive and retain all amounts awarded as damages, profits or otherwise in connection with such actions. Upon Licensor’s request, Licensee shall assist Licensor in the enforcement of any rights of Licensor in the Property, and Licensor shall reimburse Licensee for its reasonable expenses incurred as a result of such cooperation.
Appears in 2 contracts
Sources: License Agreement, License Agreement (Blue Holdings, Inc.)