Right to join action Sample Clauses

Right to join action. Licensor (its successors and/or assignees) or Licensee shall have the right to join, at its own expense, any infringement action brought by the other for infringement of the Licensed Patents and/or the Licensed Technology. In the case that any court, upon motion of a third party or otherwise, rules that either Licensor (its successors and/or assignees) or Licensee is a necessary party to any action enforcing of any of the Licensed Patents and/or the Licensed Technology, that respective party at its own costs and expense, agrees to join in any such action upon request by the other, and each party, Licensor (its successors and/or assignees) or Licensee, hereby agrees to participate for standing in any such action. If only one of Licensor (its successors and/or assignees) or Licensee brings an action for infringement of any of the Licensed Patents and/or the Licensed Technology without participation of the other, then the party bringing the action alone shall bear all expenses.
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Related to Right to join action

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  • Governing Law; Submission to Jurisdiction; Trial by Jury This Purchase Warrant shall be governed by and construed and enforced in accordance with the laws of the State of New York, without giving effect to conflict of laws principles thereof. The Company hereby agrees that any action, proceeding or claim against it arising out of, or relating in any way to this Purchase Warrant shall be brought and enforced in the New York Supreme Court, County of New York, or in the United States District Court for the Southern District of New York, and irrevocably submits to such jurisdiction, which jurisdiction shall be exclusive. The Company hereby waives any objection to such exclusive jurisdiction and that such courts represent an inconvenient forum. Any process or summons to be served upon the Company may be served by transmitting a copy thereof by registered or certified mail, return receipt requested, postage prepaid, addressed to it at the address set forth in Section 8 hereof. Such mailing shall be deemed personal service and shall be legal and binding upon the Company in any action, proceeding or claim. The Company and the Holder agree that the prevailing party(ies) in any such action shall be entitled to recover from the other party(ies) all of its reasonable attorneys’ fees and expenses relating to such action or proceeding and/or incurred in connection with the preparation therefor. The Company (on its behalf and, to the extent permitted by applicable law, on behalf of its stockholders and affiliates) and the Holder hereby irrevocably waive, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement or the transactions contemplated hereby.

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