Common use of Suit by Licensor Clause in Contracts

Suit by Licensor. If within six (6) months after notice by Licensee ---------------- to Licensor, or by Licensor to Licensee, of any alleged infringement, Licensee has been unsuccessful in persuading the alleged infringer to desist and has not brought an infringement action, or if Licensee notifies Licensor at any time of its intention not to bring suit against an alleged infringer, then and only then, Licensor shall have the right, but shall not be obligated, to commence suit for such infringement at Licensor's sole expense, and Licensor may, in such suit, use the name of Licensee as a nominal party. No settlement, consent judgment or other voluntary final disposition of the suit may be entered into without the written consent of Licensee, which consent shall not be unreasonably withheld. Licensee shall not be responsible for any order for costs or award of sanctions that may be made or entered against Licensee in such proceedings.

Suit by Licensor. If within six (6) months after notice by Licensee ---------------- to Licensor, or by Licensor to Licensee, of any alleged infringement, Licensee has been unsuccessful in persuading the alleged infringer to desist and has not brought an infringement action, or if Licensee notifies Licensor at any time of its intention not to bring suit against an alleged infringer, then and only then, Licensor shall have the right, but shall not be obligated, to commence suit for such infringement at Licensor's ’s sole expense, and Licensor may, in such suit, use the name of Licensee as a nominal party. No settlement, consent judgment or other voluntary final disposition of the suit may be entered into without the written consent of Licensee, which consent shall not be unreasonably withheld. Licensee shall not be responsible for any order for costs or award of sanctions that may be made or entered against Licensee in such proceedings.