Prosecution of Infringement Claims. Notwithstanding anything to the contrary, Customer shall promptly notify CTS in writing of any facts of which Customer is aware which might constitute an infringement by any Third Party of any of CTS's Intellectual Property Rights. CTS shall have the exclusive right to take all actions, control all litigation or other proceedings, and negotiate and enter into all settlements with respect to any such infringement, as CTS deems necessary or appropriate to protect CTS's Intellectual Property Rights, except as CTS and Customer may otherwise agree to in writing. Customer agrees to provide to CTS, at CTS's expense, full and complete information and assistance in connection with the prosecution of such infringement as reasonably requested by CTS. Any recovery of damages or attorneys' fees in connection with any such action, or in settlement of any such action, will belong entirely to CTS. CTS will have no obligation to institute suit against any particular person or entity for infringement of any Intellectual Property Rights of CTS.
Prosecution of Infringement Claims. Each party shall notify the other party immediately of any infringement or counterfeit of an Adapted Game that becomes known to such party (a “Prosecutable Infringement Clam”). If Licensee chooses to prosecute any such Prosecutable Infringement Claim, Licensee shall bear all costs and expenses incurred by Licensee (collectively, “Litigation Costs”), but Licensor shall have the right to participate, at Licensor’s expense, in prosecuting any such Prosecutable Infringement Claim. If Licensee recovers any damages, settlements or other as a result of prosecuting such an action (collectively, “Damages”), Licensee shall first be entitled to reimbursement from such Damages for any Litigation Costs. The remaining portion of such Damages, if any, will be treated as Licensee’s Net Revenue pursuant to Section 4.2 (except that Licensee will have no right to deduct any Permitted Deductions or other amounts from such Damages), and Licensee will pay Licensor the applicable royalty based on such Net Revenues in accordance with the provisions of Section 4.2. If Licensee chooses not to prosecute a Prosecutable Infringement Claim, Licensor shall have the right to prosecute such Prosecutable Infringement Claim. Each party shall provide the other party with such reasonable assistance and cooperation as is needed to prosecute any such Prosecutable Infringement Claim and will supply the other party, at such other party’s sole expense, with all documents and other information that are reasonably necessary to prosecute any such Prosecutable Infringement Claim.
Prosecution of Infringement Claims. (a) The parties shall as soon as possible notify each other in writing of any actual, alleged, or threatened infringements or other unauthorized uses of the CitySearch Systems or the Licensed Trade-Marks in conjunction with a CitySearch Information Service pertaining to the Exclusive Territory (the foregoing are referred to here as "Infringements") of which they become aware. Licensor may, but is not required to, take any and all actions, legal or otherwise, which are necessary to terminate or prevent Infringements. Licensee shall have the right to be kept informed of the status and progress of all actions instituted by Licensor pursuant to this section 8.01(a). Licensee agrees to comply with all reasonable requests for assistance from Licensor in connection with Infringements. Licensor agrees to reimburse Licensee for its costs of providing such assistance, provided that Licensee gives Licensor a written estimate of the costs to be incurred and provided further that the costs for which reimbursement are sought do not exceed the estimate. Licensor shall bear all expenses of all actions which it initiates pursuant to this section 8.01(a).
Prosecution of Infringement Claims. 22 8.02 Licensor's Defence of Infringement Claims........................... 23 8.03 Licensee's Defence of Infringement Claims........................... 24 ARTICLE NINE - WARRANTIES AND DISCLAIMERS
Prosecution of Infringement Claims. The parties shall as soon as possible notify each other in writing of any actual, alleged, or threatened infringements, misappropriations or other unauthorized uses ("Infringements") with respect to the Technology of which they become aware. Licensor may, but is not required to, take any and all
Prosecution of Infringement Claims. After any notice provided pursuant to Section 2.1, the parties will promptly consult in good faith as to the steps to be taken with respect
Prosecution of Infringement Claims. Buyer shall inform Sellers promptly of any Infringement Claims. Buyer shall, itself or through the Company, use commercially reasonable efforts to pursue all reasonable Infringement Claims to non-appealable final judgment. To the extent that Buyer is successful in prosecuting any such Infringement Claim for the Products, any recoveries arising from such Infringement Claim shall be included in the calculation of Aggregate Payments and Net Sales and Buyer shall pay, or cause to be paid, to Sellers a Royalty and Milestone Payment in accordance with Section 2.5(a) on the date of resolution by a final decision of a Governmental Entity of competent jurisdiction from which no further appeal is possible, after the reimbursement of out-of-pocket legal fees and expenses incurred in connection with such Infringement Claim.
Prosecution of Infringement Claims. CTS shall have the exclusive right to take all actions, control all litigation or other proceedings, and negotiate and enter into all settlements with respect to any infringement of any of CTS's Intellectual Property Rights, as CTS deems necessary or appropriate to protect CTS's Intellectual Property Rights, except as CTS and Customer may otherwise agree to in writing. Customer agrees to provide to CTS, at CTS's expense, reasonable information and assistance in connection with the prosecution of such infringement as reasonably requested by CTS. Any recovery of damages or attorneys' fees in connection with any such action, or in settlement of any such action, will belong entirely to CTS. CTS will have no obligation to institute suit against any particular person or entity for infringement of any Intellectual Property Rights of CTS.
Prosecution of Infringement Claims a. In the event that any of the rights granted to Licensee by Licensor hereunder are infringed by any third party, Licensee shall have the right, but not the obligation, through counsel of its own choosing, to institute such suits for patent infringement, trademark infringement, unfair competition, or an~ other causes of action which may be applicable. Licensee shall control such action, and pay the attorneys fees and expenses associated with such action. Licensee shall keep Licensor advised of the status of such action and Licensor shall have the right to be represented therein by counsel of its own choosing at Licensor s own expense. Licensor shall have the right to institute such action if Licensee does not institute such action within thirty (30) days after written notice from Licensee that it does not intend to pursue the infringement action.
Prosecution of Infringement Claims. During the term of this Agreement, NORTHWESTERN UNIVERSITY shall have the right, but shall not be obligated, to prosecute at its own expense all infringements of any patent issuing from the Licensed Patents and, in furtherance of such right, TECHNICLONE hereby agrees that NORTHWESTERN UNIVERSITY may include TECHNICLONE as a party plaintiff (but not as a defendant or respondent or counter claimant) in such suit, without expense to TECHNICLONE. The full cost and expense of any such action so commenced or so defended by NORTHWESTERN UNIVERSITY shall be the responsibility of and paid for by NORTHWESTERN and NORTHWESTERN shall keep any recovery or damages for past infringement derived therefrom. No settlement, consent judgment or other voluntary final disposition of the suit may be entered into without the consent of TECHNICLONE, which consent shall not unreasonably be withheld or delayed. NORTHWESTERN UNIVERSITY shall indemnify TECHNICLONE against any order for costs that may be made against TECHNICLONE in such proceedings.
