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 shall 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. SECTION 4.1 Notification of Unauthorized Use.................................................6 SECTION 4.2 Payments for Damages.............................................................6
Infringement Proceedings. SECTION 4.1.......Notification of Unauthorized Use. Licensee agrees to promptly notify Licensor of any unauthorized use of any of Licensed Marks as such unauthorized use comes to Licensee's attention. Licensor shall have the sole right and discretion to take any action relating to Licensed Marks; provided, that Licensee agrees to cooperate fully, should Licensor decide to take any such action. SECTION 4.2.......Payments for Damages. If infringement proceedings result in an award of damages or the payment of any sums to Licensor, any such damages or payments shall belong solely to Licensor.
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. 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 Contractor 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 Contractor 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 Contractor of reasonable costs and expenses incurred toward such defence.
Infringement Proceedings. In the event that the Mykrolis 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, Mykrolis shall notify MIL or its authorized representative giving particulars thereof, and Mykrolis shall provide necessary information and assistance to MIL or its authorized representatives at MIL's expense in the event that MIL decides that proceedings should be commenced. Notwithstanding the foregoing, Mykrolis is not obligated to monitor or police use of the Licensed Marks by Third Parties other than Subsidiaries. MIL shall have exclusive control of any litigation, opposition, cancellation or related legal proceedings, relating to the use of the licensed trademarks by third parties. The decision whether to bring, maintain or settle any such proceedings shall be at the exclusive option and expense of MIL, and all recoveries shall belong exclusively to MIL. Mykrolis shall not and shall have no right to initiate any such litigation, opposition, cancellation or related legal proceedings in its own name, but, at MIL's request, agrees to be joined as a party in any action taken by MIL to enforce its rights in the Licensed Mark. MIL shall incur no liability to Mykrolis or any other Person under any legal theory by reason of MIL's failure or refusal to prosecute or by MIL's refusal to permit Mykrolis to prosecute, any alleged infringement by Third Parties, nor by reason of any settlement to which MIL may agree.
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. The Adviser will notify Sub-Adviser of any infringement of the Mark 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 Mark; provided, however, that the Adviser agrees to reasonably cooperate with respect to any such proceedings.
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) at its expense against the infringing party and to retain any damages recovered in such proceedings. ST shall cooperate with Siebel in the prosecution of any such infringement proceedings. ST 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. CVR Energy will have the sole right and discretion, but not the obligation, to bring infringement or unfair competition proceedings involving the Marks.