Enforcement of Separately Owned Rights Sample Clauses

Enforcement of Separately Owned Rights. Each party shall notify the other in the event it becomes aware of any unauthorized third party manufacture, use or sale of a product covered by any patents or patent applications owned by the other party. Such notice shall (i) be in writing, (H) identify the third party, and (iii) be given to the other party within thirty (30) days of the party's notice of such manufacture, use or sale. Upon either party becoming aware that a third party is manufacturing, using or selling, without authorization, products covered by its patents or patent applications, the party owning such patent or patent application shall have the exclusive right, at it sole expense, and in its sole control, to take action against the third party or to settle the matter, and to retain any money judgments or settlements resulting therefrom; provided, however, that any consent judgment or settlement made by the party shall not diminish the rights of the other party hereto. In the event such party brings such an action or proceeding, the other party shall have the obligation and duty to cooperate and provide full i and assistance to such party and its counsel in connection with any such action or proceeding. The party initiating such action shall promptly reimburse the other party for costs incurred as a result of such cooperation. In the event that either party does not desire to exercise its exclusive right to bring any given infringement action or proceeding with respect to its solely-owned technology, the parties shall negotiate, in good faith, to reallocate the right to bring such an action or proceeding. If the parties have not resolved such an allocation of rights within sixty (60) days following the date when the party owning the technology has declined to institute a given infringement action or proceeding with respect thereto, the non-owning party shall then be given the exclusive right to institute and control such an action. The party owning the technology shall have the obligation to cooperate and provide full information and assistance to the non-owning party, at the non-owning party's expense, with respect to any such action and any recovery from such action, after the payment of all costs associated therewith, shall belong solely to the non-owning party.
Sample 1
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Related to Enforcement of Separately Owned Rights

  • Enforcement of Proprietary Rights I will assist the Company in every proper way to obtain, and from time to time enforce, United States and foreign Proprietary Rights relating to Company Inventions in any and all countries. To that end I will execute, verify and deliver such documents and perform such other acts (including appearances as a witness) as the Company may reasonably request for use in applying for, obtaining, perfecting, evidencing, sustaining and enforcing such Proprietary Rights and the assignment thereof. In addition, I will execute, verify and deliver assignments of such Proprietary Rights to the Company or its designee. My obligation to assist the Company with respect to Proprietary Rights relating to such Company Inventions in any and all countries shall continue beyond the termination of my employment, but the Company shall compensate me at a reasonable rate after my termination for the time actually spent by me at the Company’s request on such assistance. In the event the Company is unable for any reason, after reasonable effort, to secure my signature on any document needed in connection with the actions specified in the preceding paragraph, I hereby irrevocably designate and appoint the Company and its duly authorized officers and agents as my agent and attorney in fact, which appointment is coupled with an interest, to act for and in my behalf to execute, verify and file any such documents and to do all other lawfully permitted acts to further the purposes of the preceding paragraph with the same legal force and effect as if executed by me. I hereby waive and quitclaim to the Company any and all claims, of any nature whatsoever, which I now or may hereafter have for infringement of any Proprietary Rights assigned hereunder to the Company.

  • Parent Right to Access and Challenge Student Data The LEA shall establish reasonable procedures pursuant to which a parent, as that term is defined in 105 ILCS 10/2(g), may inspect and/or copy Student Data and/or challenge the accuracy, relevance or propriety of Student Data, pursuant to Sections 5 and 7 of ISSRA (105 ILCS 10/5; 105 ILCS 10/7) and Section 33 of SOPPA (105 ILCS 85/33). The Provider shall respond to any request by the LEA for Student Data in the possession of the Provider when Provider cooperation is required to afford a parent an opportunity to inspect and/or copy the Student Data, no later than 5 business days from the date of the request. In the event that a parent contacts the Provider directly to inspect and/or copy Student Data, the Provider shall refer the parent to the LEA, which shall follow the necessary and proper procedures regarding the requested Student Data.

  • Enforcement of Settlement Agreement 11.1 Any party may file suit before the Superior Court of the County of Los Angeles, consistent with the terms and conditions set forth in paragraphs 11.2 and

  • Enforcement of Due On-Sale Clauses; Assumption Agreements.... Section 3.14

  • What Will Happen After We Receive Your Letter When we receive your letter, we must do two things:

  • Enforcement Rights (a) At any time following the occurrence of a Termination Event:

  • No Acquired Rights In participating in the Plan, the Participant acknowledges and accepts that the Board has the power to amend or terminate the Plan, to the extent permitted thereunder, at any time and that the opportunity given to the Participant to participate in the Plan is entirely at the discretion of the Committee and does not obligate the Company or any of its Affiliates to offer such participation in the future (whether on the same or different terms). The Participant further acknowledges and accepts that such Participant's participation in the Plan is not to be considered part of any normal or expected compensation and that the termination of the Participant's employment under any circumstances whatsoever will give the Participant no claim or right of action against the Company or its Affiliates in respect of any loss of rights under this Agreement or the Plan that may arise as a result of such termination of employment.

  • Enforcement of Rights Borrowers are jointly and severally liable for the Obligations and Bank may proceed against one or more of the Borrowers to enforce the Obligations without waiving its right to proceed against any of the other Borrowers.

  • Enforcement of Agreement The Parties hereto agree that irreparable damage would occur in the event that any of the provisions of this Agreement was not performed in accordance with its specific terms or was otherwise breached. It is accordingly agreed that the Parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity.

  • Retained Rights The Contributor or, if applicable, the Contributor’s Employer, retains all proprietary rights in addition to copyright, such as patent rights in any process, procedure or article of manufacture described in the Contribution.

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