Infringement Proceedings. Each Party agrees to promptly notify the other Party of any unauthorized use of the other Party's Marks of which it has actual knowledge. Each Party will have the sole right and discretion to bring proceedings alleging infringement of its Marks or unfair competition related thereto; provided, however, that each Party agrees to provide the other Party with its reasonable cooperation and assistance with respect to any such infringement proceedings.
Infringement Proceedings. In the event the Principal is a party to legal proceedings involving allegations of infringement of any Intellectual Property in the Documentation of any third party, the Service Provider shall keep the Principal fully informed of all aspects relevant to the legal proceedings and the Principal shall have the right, at its own cost, to be represented in the legal proceedings by separate counsel. In the event the Service Provider fails to act against claims alleging infringement of any Intellectual Property in the Documentation of any third party within reasonable time but, in any event, within twenty (20) days of having been notified of such claims, the Principal shall have the right to assume legal defence against claims alleging infringement of Intellectual Property and shall be entitled to reimbursement by the Service Provider of reasonable costs and expenses incurred toward such defence.
Infringement Proceedings. In the event that the Purchaser learns, during the Term of this License, of any infringement or threatened infringement of the Licensed Marks, or any unfair competition, passing-off or dilution with respect to the Licensed Marks, Purchaser shall immediately notify Seller or its authorized representative giving particulars thereof, and Purchaser shall provide necessary information and assistance to Seller or its authorized representatives at Seller’s expense in the event that Seller decides that proceedings should be commenced. Notwithstanding the foregoing, Purchaser is not obligated to monitor or police use of the Licensed Marks by Third Parties other than as specifically set forth in Section 3.3 hereof. Except for those actions initiated by Purchaser pursuant to Section 3.3 hereof to enforce any sublicense or other agreement with any Subsidiary or Authorized Dealer, Seller shall have exclusive control of any litigation, opposition, cancellation or related legal proceedings. The decision whether to bring, maintain or settle any such proceedings shall be at the exclusive option and expense of Seller, and all recoveries shall belong exclusively to Seller. Purchaser shall not and shall have no right to initiate any litigation, opposition, cancellation or related legal proceedings with respect to the Licensed Marks in its own name (except for those actions initiated by Purchaser pursuant to Section 3.3 hereof), but, at Seller’s request, agrees to cooperate with Seller at Seller’s expense to enforce its rights in the Licensed Marks, including to join or be joined as a party in any action taken by Seller against a third party for infringement or threatened infringement of the Licensed Marks, to the extent such joinder is required under mandatory local law for the prosecution of such an action. Seller shall incur no liability to Purchaser or any other Person under any legal theory by reason of Seller’s failure or refusal to prosecute or by Seller’s refusal to permit Purchaser to prosecute, any alleged infringement by Third Parties, nor by reason of any settlement to which Seller may agree.
Infringement Proceedings. Licensee agrees to notify Licensor in writing of any infringement of Said Patents by others as it comes to Licensee’s attention. Licensor, in its sole discretion, shall have the first right, but not obligation, to bring infringement and/or unfair competition proceedings involving Said Patents and recover any damages that may be rewarded. In the event Licensor brings an infringement and/or unfair competition proceedings involving Said Patents, Licensor may, for such purposes, request Licensee to join any such action or otherwise assist Licensor with such action, provided that all reasonable and documented costs and fees associated therewith shall be borne by Licensor. However, in the event that Licensor does not take action with respect to the unauthorized use of Said Patents within one hundred twenty (120) days of receiving notice of such unauthorized use, then Licensee, in its sole discretion, shall have the right to bring infringement and/or unfair competition proceedings involving Said Patents and recover any damages that may be rewarded.
Infringement Proceedings. The Adviser will notify Sub-Adviser of any infringement of the Xxxx of which it becomes aware. The Sub-Adviser and/or its affiliates shall have the sole right and discretion to bring infringement or other proceedings regarding the Xxxx; provided, however, that the Adviser agrees to reasonably cooperate with respect to any such proceedings.
Infringement Proceedings. DISTRIBUTOR shall notify GUPTA of any unauthorized use of the Intellectual Property by others promptly as it comes to DISTRIBUTOR's attention. GUPTA shall have the sole right and discretion to bring infringement or unfair competition proceedings involving the Intellectual Property.
Infringement Proceedings. In the event of infringement of the Trademarks by a third party, Siebel shall have the sole right to bring proceedings (including notifications to the Customs Department objecting to the importation of infringing goods) against the infringing party and to retain any damages recovered in such proceedings. Distributor shall cooperate with Siebel in the prosecution of any such infringement proceedings. Distributor shall promptly notify Siebel in writing of any such proceeding and shall provide complete authority, information and assistance to Siebel in connection with such proceeding Siebel shall have the sole and exclusive authority and obligation to defend and/or settle any proceeding with respect to the Trademarks
Infringement Proceedings. If JDSU or Lumentum learns of any infringement or threatened infringement of the Licensed Marks, or any unfair competition, passing-off or dilution with respect to the Licensed Marks, JDSU and Lumentum will discuss the matter in good faith with a view to determining an appropriate path (including cost allocation) to enforcement and protection of the Licensed Marks.
Infringement Proceedings. CVR Energy will have the sole right and discretion, but not the obligation, to bring infringement or unfair competition proceedings involving the Marks.
Infringement Proceedings. The Licensee shall notify the Licensor immediately of any information it obtains concerning any third party's infringement on the DataTile Platform right or other proprietary right of the Licensor with respect to the DataTile Platform and the Licensor shall notify the Licensee immediately of any information it obtains concerning any third party's infringement on the DataTile Platform right or other proprietary right of the Licensor with respect to the DataTile Platform that Licensor reasonably believes might affect the Licensee's rights under this Agreement. The Licensee shall, at its own expense, take such steps as it may consider necessary or desirable to protect its and/or the Licensor’s rights under this Agreement.
