Common use of Primary Right Clause in Contracts

Primary Right. Licensor shall have the primary right, but not the obligation, to initiate an appropriate suit anywhere in the world against any third party who at any time is suspected of infringing all or any portion of the Intellectual Property Rights or using without proper authorization all or any portion of the Licensor Technology in the Territory. Licensor shall give Suntech sufficient advance notice of its intent to file such suit and the reasons. Further, Licensor shall keep Suntech informed, and shall from time to time consult with Suntech regarding the status of any such suit.