Common use of Opus Clause in Contracts

Opus. If Juno fails to initiate or defend any Action with respect to any commercially significant infringement of any Licensed Patent Rights within [***] of a request by Opus to do so (or such shorter period of time as required under statute in order to preserve Opus’ ability to initiate or defend any such Action or to preserve the remedies that may be obtained (including monetary and injunctive relief) in such Action), Opus shall have the right, but not the obligation, to initiate or defend such an Action, [***] using legal counsel of its choice; provided Opus may not enter into any settlement which admits that any of the Licensed Patent Rights is invalid or unenforceable without Juno’s prior written consent. Any amounts recovered from Third Parties in any such Action shall be used first to [***], and the remainder shall be [***].