Infringement and Maintenance Clause Samples

Infringement and Maintenance. Licensee shall notify Licensor of any threatened or actual unauthorized use, infringement or dilution of the Name or the Patents which may come to Licensee's attention. Licensor shall have the sole initial right to determine whether or not any action shall be taken with respect to such unauthorized use, infringement or dilution, and the nature of the action to be taken. In the event that Licensor determines that litigation should not be commenced, or Licensor fails to commence litigation within a reasonable time after notice by Licensee, Licensee or any sublicensee may commence, but shall not be obligated to commence, such litigation. Each party agrees to cooperate fully with the other in the conduct of any such litigation. Any recovery obtained as a result of any lawsuit for infringement, unauthorized use or dilution of the Name or the Patents shall belong to the party commencing such action, net of reimbursement to the other party hereto for its reasonable expenses, if any, incurred in connection with such suit.