Common use of Infringement of Trademarks Clause in Contracts

Infringement of Trademarks. In the event that, during the term of the license granted to DJ Pharma under Section 1.2 hereof, either DJ Pharma or Dura Bermuda learn that the Keftab Trademark is being infringed in any territory by any other party, it shall promptly notify the other of such infringement. In such event both DJ Pharma and Dura Bermuda shall have the right, but not the obligation to act jointly to terminate any such third party infringement, including, without limitation, prosecuting a lawsuit or other legal proceeding at both Dura Bermuda's and DJ Pharma's joint expense to be shared equally between Dura Bermuda and DJ Pharma. Any recovery received as a result of such joint action to terminate an infringement of the Keftab Trademark, less the reimbursement of each Dura Bermuda and DJ Pharma for the out-of-pocket expenses incurred in taking, joining and prosecuting such action, shall be shared equally between Dura Bermuda and DJ Pharma. In the event either DJ Pharma or Dura Bermuda elects to not take any action to terminate such third party infringement (the "Non-Acting Entity") within sixty (60) days following notice from the other of a claim of infringement, such other party (the "Acting Entity") shall have the right, but not the obligation, to act to terminate any such third party infringement, including, without limitation, prosecuting a lawsuit or other legal proceeding, at the Acting Entity's own expense; and the Acting Entity may retain any recovery it may receive as a result of its actions to terminate such infringement. Notwithstanding the foregoing, the Non-Acting Entity shall fully cooperate with the Acting Entity in any action the Acting Entity takes to terminate such infringement and, to the extent the Acting Entity recovers damages from such third party, through settlement or otherwise, the Non-Acting Entity shall be reimbursed by the Acting Entity for all reasonable expenses, if any, incurred in connection therewith.

Infringement of Trademarks. In the event that, during the term of the license granted to DJ Pharma under Section 1.2 1.1 hereof, either DJ Pharma or Dura Bermuda learn that any of the Keftab Trademark Rondec Trademarks or CCA Trademarks is being infringed in any territory by any other party, it shall promptly notify the other of such infringement. In such event both DJ Pharma and Dura Bermuda shall have the right, but not the obligation to act jointly to terminate any such third party infringement, including, without limitation, prosecuting a lawsuit or other legal proceeding at both Dura BermudaDura's and DJ Pharma's joint expense to be shared equally between Dura Bermuda and DJ Pharma. Any recovery received as a result of such joint action to terminate an infringement of the Keftab TrademarkRondec Trademarks or CCA Trademarks, less the reimbursement of each Dura Bermuda and DJ Pharma for the out-of-pocket expenses incurred in taking, joining and prosecuting such action, shall be shared equally between Dura Bermuda and DJ Pharma. In the event either DJ Pharma or Dura Bermuda elects to not take any action to terminate such third party infringement (the "Non-Acting EntityParty") within sixty (60) days following notice from the other of a claim of infringement, such other party (the "Acting EntityParty") shall have the right, but not the obligation, to act to terminate any such third party infringement, including, without limitation, prosecuting a lawsuit or other legal proceeding, at the Acting EntityParty's own expense; and the Acting Entity Party may retain any recovery it may receive as a result of its actions to terminate such infringement. Notwithstanding the foregoing, the Non-Acting Entity Party shall fully cooperate with the Acting Entity Party in any action the Acting Entity Party takes to terminate such infringement and, to the extent the Acting Entity Party recovers damages from such third party, through settlement or otherwise, the Non-Acting Entity Party shall be reimbursed by the Acting Entity Party for all reasonable expenses, if any, incurred in connection therewith.