Enforcing Party definition
Examples of Enforcing Party in a sentence
Any remainder after such reimbursement is made shall be retained by the Trademark Enforcing Party; provided, however, that in the event the Parties act jointly against any Product Trademark Claim in the Territory pursuant to this Section 10.5.2, such remainder shall be shared [***] by the Parties.
Except as otherwise agreed by the Parties in writing in connection with a cost sharing arrangement, any recovery realized as a result of any Product Trademark Claim in the Territory described above in this Section 10.5.2 (whether by judgment, settlement or otherwise) with respect to Product Trademarks shall be first allocated to reimburse the Trademark Enforcing Party (or both Parties, in the event the Parties act jointly) for its actual Out-of-Pocket Costs incurred in making such recovery.
The Parties shall cooperate fully in any Infringement action pursuant to this Section 10.3, including by making the inventors, applicable records and documents (including laboratory notebooks) with respect to the relevant Patents available to the Enforcing Party on the Enforcing Party’s request.
Notwithstanding the foregoing, the non-Trademark Enforcing Party shall have the right to provide input on the overall strategy for such action and the Trademark Enforcing Party shall consider such input in good faith.
The Parties shall cooperate fully in any Product Trademark Claim action pursuant to Section 10.5.2, including, as the Trademark Enforcing Party may request from time to time, where necessary, furnishing such power of attorney solely for such purpose or joining in, or being named as a necessary party to, such action, providing access to relevant documents and other evidence, and making its employees available.