Common use of MILLENNIUM Clause in Contracts

MILLENNIUM. Subject to the terms of this Section 9.3.2, Millennium shall have the sole right, but not the obligation, to take legal action to enforce and defend the Sunesis Licensed Technology against Subject Infringements by Third Parties at its sole cost and expense, to the extent such Subject Infringement is within the field of use of Millennium’s exclusive license under Section 5.1.1 above. If, within [ * ] following a request by Sunesis to do so, Millennium fails to take such action to enforce the Sunesis Licensed Patents with respect to a Subject Infringement, Sunesis or its designee shall, in its sole discretion, have the right, at its sole expense, to take such action. In addition, Millennium shall have the sole right, but not the obligation, to take legal action to enforce and defend any actual or potential infringement or misappropriation of the Biogen Idec Collaboration Technology.