Common use of Initial Enforcement Clause in Contracts

Initial Enforcement. As between the Parties, Moderna shall have the first right, but not the obligation, to institute, prosecute, and control any action or proceeding with respect to any Competitive Infringement of any Licensed Patent and Joint Patent by counsel of its own choice, in Moderna’s own name and under Moderna’s direction and control. The foregoing right of Moderna shall include the right to perform all actions of a reference product sponsor set forth in the U.S. ▇▇▇▇▇-▇▇▇▇▇▇ Act or Public Health Service Act, and any ex-U.S. equivalent of such laws.