Common use of Enforcement of Patents Clause in Contracts

Enforcement of Patents. Throughout the term of this Agreement, NCT shall maintain in force the Licensed Patents. In this connection, NCT shall promptly pay all costs of any and all continuations, continuations-in-part, divisions, extensions, reissues, re-examinations, or renewals of the Licensed Patents, including, without limitation, the costs and expenses of any and all attorneys, experts or other professionals engaged in connection with any of the foregoing. In addition, NCT shall actively protect the Licensed Patents and shall institute all such suits, actions or proceedings for infringement of any of the Licensed Patents as may be reasonably necessary in this regard. Unless NCT shall have received the advice of counsel that success on the merits is reasonably certain, NCT shall be excused from its duty to commence and/or may withdraw from any enforcement action under the Licensed Patents and Network Station Affiliate shall then be free to pursue enforcement of the Licensed Patents in its own name and at its sole expense and risk, but only to the extent such infringement occurs in the Geographic Station Area. In the event NCT fails to commence an enforcement action or otherwise protect the Licensed Patents as aforesaid after notice of possible infringement from the Network Station Affiliate, the Network Station Affiliate shall be entitled by itself to take proceedings in the name of and with the cooperation of NCT to restrain any such infringement at the Network Station Affiliate's expense and for the Network Station Affiliate's benefit. Where the Network Station Affiliate proceeds alone and achieves an award from the official enforcement forum in such an action brought by it, the Network Station Affiliate shall be entitled to retain such award. However, any compromise of such enforcement action or concession of invalidity or priority of invention of any patent whether in connection with an enforcement action or any other proceeding shall require NCT's participation and express prior written approval. If NCT has elected to participate in and share in the expense of any such enforcement action, any award shall be shared equally by NCT and the Network Station Affiliate.

Enforcement of Patents. Throughout the term of this Agreement, NCT DMC shall maintain in force the Licensed Patents. In this connection, NCT DMC shall promptly pay all costs of any and all continuations, continuations-in-part, divisions, extensions, reissues, re-examinations, or renewals of the Licensed Patents, including, without limitation, the costs and expenses of any and all attorneys, experts or other professionals engaged in connection with any of the foregoing. In addition, NCT DMC shall actively protect the Licensed Patents and shall institute all such suits, actions or proceedings for infringement of any of the Licensed Patents as may be reasonably necessary in this regard. Unless NCT DMC shall have received the advice of counsel that success on the merits is reasonably certain, NCT DMC shall be excused from its duty to commence and/or may withdraw from any enforcement action under the Licensed Patents and Network Station Affiliate Licensee shall then be free to pursue enforcement of the Licensed Patents in its own name and at its sole expense and risk, but only to the extent such infringement occurs in the Geographic Station AreaMarket. In the event NCT DMC fails to commence an enforcement action or otherwise protect the Licensed Patents as aforesaid after notice of possible infringement from the Network Station AffiliateLicensee, the Network Station Affiliate Licensee shall be entitled by itself to take proceedings in the name of and with the cooperation of NCT DMC to restrain any such infringement at the Network Station AffiliateLicensee's expense and for the Network Station AffiliateLicensee's benefit. Where the Network Station Affiliate Licensee proceeds alone and achieves an award from the official enforcement forum in such an action brought by it, the Network Station Affiliate Licensee shall be entitled to retain such award. However, any compromise of such enforcement action or concession of invalidity or priority of invention of any patent whether in connection with an enforcement action or any other proceeding shall require NCTDMC's participation and express prior written approval. If NCT DMC has elected to participate in and share in the expense of any such enforcement action, any award shall be shared equally by NCT DMC and the Network Station AffiliateLicensee.

Enforcement of Patents. Throughout the term of this Agreement, NCT shall maintain in force the Licensed Patents. In this connection, NCT shall promptly pay all costs of any and all continuations, continuations-in-part, divisions, extensions, reissues, re-examinations, or renewals of the Licensed Patents, including, without limitation, the costs and expenses of any and all attorneys, experts or other professionals engaged in connection with any of the foregoing. In addition, NCT shall actively protect the Licensed Patents and shall institute all such suits, actions or proceedings for infringement of any of the Licensed Patents as may be reasonably necessary in this regard. Unless NCT shall have received the advice of counsel that success on the merits is reasonably certain, NCT shall be excused from its duty to commence and/or may withdraw from any enforcement action under the Licensed Patents and Network Station Affiliate SHARP shall then be free to pursue enforcement of the Licensed Patents in its own name and at its sole expense and risk, but only to the extent such infringement occurs in the Geographic Station AreaMarket. In the event NCT fails to commence an enforcement action or otherwise protect the Licensed Patents as aforesaid after notice of possible infringement from the Network Station AffiliateSHARP, the Network Station Affiliate SHARP shall be entitled by itself to take proceedings in the name of and with the cooperation of NCT to restrain any such infringement at the Network Station AffiliateSHARP's expense and for the Network Station AffiliateSHARP's benefit. Where the Network Station Affiliate SHARP proceeds alone and achieves an award from the official enforcement forum in such an action brought by it, the Network Station Affiliate SHARP shall be entitled to retain such award. However, any compromise of such enforcement action or concession of invalidity or priority of invention of any patent whether in connection with an enforcement action or any other proceeding shall require NCT's participation and express prior written approval. If NCT has elected to participate in and share in the expense of any such enforcement action, any award shall be shared equally by NCT and the Network Station AffiliateSHARP.

Enforcement of Patents. Throughout the term of this Agreement, NCT ARTERA shall maintain in force the Licensed Patents. The Licensed Patents are all the patents and/or other filings necessary to protect ARTERA's ownership of the Licensed Products. In this connection, NCT ARTERA shall promptly pay all costs of any and all continuations, continuations-in-part, divisions, extensions, reissues, re-examinations, or renewals of the Licensed Patents, including, without limitation, the costs and expenses of any and all attorneys, experts or other professionals engaged in connection with any of the foregoing. In addition, NCT ARTERA shall actively protect the Licensed Patents and shall institute all such suits, actions or proceedings for infringement of any of the Licensed Patents as may be reasonably necessary in this regard. Unless NCT ARTERA shall have received the advice of counsel that success on the merits is reasonably certain, NCT ARTERA shall be excused from its duty to commence and/or may withdraw from any enforcement action under the Licensed Patents and Network Station Affiliate Licensee shall then be free to pursue enforcement of the Licensed Patents in its own name and at its sole expense and risk, but only to the extent such infringement occurs in the Geographic Station AreaMarket. In the event NCT ARTERA fails to commence an enforcement action or otherwise protect the Licensed Patents as aforesaid after notice of possible infringement from the Network Station AffiliateLicensee, the Network Station Affiliate Licensee shall be entitled by itself to take institute proceedings in the name of and with the cooperation of NCT ARTERA to restrain any such infringement at the Network Station AffiliateLicensee's expense and for the Network Station AffiliateLicensee's benefit. Where the Network Station Affiliate Licensee proceeds alone and achieves an award from the official enforcement forum in such an action brought by it, the Network Station Affiliate Licensee shall be entitled to retain such award. However, any compromise of such enforcement action or concession of invalidity or priority of invention of any patent patent, whether in connection with an enforcement action or any other proceeding proceeding, shall require NCTARTERA's participation and express prior written approval. If NCT ARTERA has elected to participate in and share in the expense of any such enforcement action, ARTERA and Licensee shall share any award shall be in the same percentage as the parties shared equally by NCT and the Network Station Affiliateexpenses of any such enforcement action.

Enforcement of Patents. Throughout the term of this Agreement, NCT shall maintain in force the Licensed Patents. In this connection, NCT shall promptly pay all costs of any and all continuations, continuations-in-part, divisions, extensions, reissues, re-examinations, or renewals of the Licensed Patents, including, without limitation, the costs and expenses of any and all attorneys, experts or other professionals engaged in connection with any of the foregoing. In addition, NCT shall actively protect the Licensed Patents and shall institute all such suits, actions or proceedings for infringement of any of the Licensed Patents as may be reasonably necessary in this regard. Unless NCT shall have received the advice of counsel that success on the merits is reasonably certain, NCT shall be excused from its duty to commence and/or may withdraw from any enforcement action under the Licensed Patents and Network Station Affiliate Licensee shall then be free to pursue enforcement of the Licensed Patents in its own name and at its sole expense and risk, but only to the extent such infringement occurs in the Geographic Station AreaMarket. In the event NCT fails to commence an enforcement action or otherwise protect the Licensed Patents as aforesaid after notice of possible infringement from the Network Station AffiliateLicensee, the Network Station Affiliate Licensee shall be entitled by itself to take proceedings in the name of and with the cooperation of NCT to restrain any such infringement at the Network Station AffiliateLicensee's expense and for the Network Station AffiliateLicensee's benefit. Where the Network Station Affiliate Licensee proceeds alone and achieves an award from the official enforcement forum in such an action brought by it, the Network Station Affiliate Licensee shall be entitled to retain such award. However, any compromise of such enforcement action or concession of invalidity or priority of invention of any patent whether in connection with an enforcement action or any other proceeding shall require NCT's participation and express prior written approval. If NCT has elected to participate in and share in the expense of any such enforcement action, any award shall be shared equally by NCT and the Network Station AffiliateLicensee.