Common use of M.I.T. Right to Prosecute Clause in Contracts

M.I.T. Right to Prosecute. In the event that COMPANY has been unsuccessful in persuading the alleged infringer to desist and has not initiated an infringement action within a reasonable time after COMPANY first becomes aware of the basis for such action, and if COMPANY continues to be unsuccessful in persuading the alleged infringer to desist and continues not to initiate an infringement action within thirty (30) days after written notice from M.I.T. that M.I.T. intends to exercise its rights under this Section, then M.I.T. shall have the right, at its sole discretion, to prosecute such infringement under its sole control and at its sole expense, and any recovery obtained shall belong to M.I.T.

M.I.T. Right to Prosecute. In the event that COMPANY has been is unsuccessful in persuading the alleged infringer to desist and has not or fails to have initiated an infringement action within a reasonable time after COMPANY first becomes aware of the basis for such action, and if COMPANY continues to be unsuccessful in persuading the alleged infringer to desist and continues not to initiate an infringement action within thirty (30) days after written notice from M.I.T. that M.I.T. intends to exercise its rights under this Section, then M.I.T. shall have the right, at its sole discretion, to prosecute such infringement under its sole control and at its sole expense, and any recovery obtained shall belong to M.I.T.M.I.T. M.I.T. shall provide written notice to COMPANY that M.I.T. intends to exercise its rights under this Section.