Common use of Infringement of Patent Rights Clause in Contracts

Infringement of Patent Rights. As between the Parties, Alzheon shall have the first right (but not the obligation), at Alzheon’s expense and with legal counsel of its own choice, to bring suit or take other appropriate legal action (an “Action”) against any Infringement. The Licensor hereby assigns to Alzheon on the Effective Date all of its rights under the Xxxxxx License Agreement to take Action against any Infringement, and Alzheon acknowledges and agrees that all such rights, and Alzheon’s obligations with regard thereto, shall at all times be subject to the applicable terms and conditions of the Xxxxxx License Agreement. Licensor shall have the right, at its own expense, to participate in any such Action by Alzheon using counsel of Licensor’s own choice; provided, however, [*] = Certain confidential information contained in this document, marked by brackets, has been omitted and filed separately with the Securities and Exchange Commission pursuant to Rule 406 of the Securities Act of 1933, as amended.