Infringement Matters. (a) Each of EarthShell and Sublicensee will promptly, and in any event within thirty (30) days of discovery, notify the other in writing of any apparent infringement of the Technology in the Territory which comes to its attention while this Agreement remains in effect. EarthShell shall have the sole right, at its sole cost and expense and in its absolute discretion, to bring any suit to enjoin such infringement and to recover damages therefor for its sole account.
Infringement Matters. Seller 5.14(f) Other Claims................................. Seller 5.14(g) Contested Proceedings........................ Seller 5.15 Warranties................................... Seller 5.16
Infringement Matters. 9.1 In the event that IC brings a claim of patent infringement with respect to LICENSED PRODUCTS, AMBI will cooperate in any such action by making its records and personnel reasonably available at times, places, and in a manner mutually acceptable to the parties.
Infringement Matters. (a) EKI and ECC promptly will notify each other of any apparent infringement of the Technology or the Trade Secrets, or of the Trademarks, which comes to their attention while the License remains in effect. If any such apparent infringement affects the use and application by ECC and/or its sublicensees of the License, ECC shall have the option, at its sole cost and expense, to bring suit to enjoin such infringement and to recover damages therefor. In any action brought by ECC pursuant to this paragraph, ECC shall select and control counsel for the prosecution of such suit. EKI shall (i) have the right to receive, from time to time, full and complete information from ECC concerning the status of such suit, (ii) have the right, at its own expense, to be represented therein by counsel in an advisory or consultive capacity, and (iii) cooperate fully with ECC and provide whatever assistance is reasonably requested by ECC in connection with such suit, including the preparation and signing of documents. Any and all damages collected as the result of any such suit shall be paid, first, to ECC and EKI to reimburse them for their actual costs incurred as a direct result of such suit, with any balance to be treated, for all purposes, as compensation received by ECC from the sale of Food Service Disposables. ECC shall not have the right to settle any infringement suit described in this subparagraph without the prior written consent of EKI, which consent shall not be unreasonably withheld. If ECC believes the suit is without merit, is not economically justifiable, or for any other reason does not wish to pursue the infringement, it shall notify EKI of its decision not to bring action against the apparent infringer. Such notice by ECC must be given within 30 days of the date upon which ECC is notified of the infringement in question. If ECC elects, for any reason, not to pursue the apparent infringement under this subparagraph, EKI shall have the right to bring suit to enjoin such infringement and to recover damages therefor.
Infringement Matters. 9.1 In the event that any claim of infringement arises from A&B's use of the PROPRIETARY INFORMATION and PATENTED TECHNOLOGY in the manufacture of the LICENSED PRODUCTS and licensed as of the date of this Agreement, AMBI will be solely responsible for expenses incurred in defending or settling any such action. In the event A&B is notified of any such claim of infringement, A&B must give written notice to AMBI within ten (10) days of such notice for this paragraph to be operative.
Infringement Matters. Neither the Company-Owned Intellectual Property nor the operation of the Acquired Business as it is currently conducted does not infringe or misappropriate any Intellectual Property Rights of any Person, and neither Seller nor any of its Affiliates has received written notice from any Person claiming that such operation infringes or misappropriates any Intellectual Property Rights of any Person. Neither Seller nor any of its Affiliates has received any written communication that Seller or its Affiliates are using or disclosing in an unauthorized manner, infringing, or misappropriating, in the conduct of the Acquired Business as presently conducted, or suggesting or inviting Seller or its Affiliates to take a license under, the right or claimed right of any Person with respect to any Intellectual Property Right.
Infringement Matters. (a) Each of ECC and Sweetheart will promptly, and in any event within thirty (30) days of discovery, notify the other in writing of any apparent infringement of the Technology or the Trademarks in the Territory which comes to its attention while the Sublicense remains in effect and that involves food service disposables. ECC shall have the initial right, at its sole cost and expense, to bring suit to enjoin such infringement to the extent it involves the Licensed Technology or the Trademarks and to recover damages therefor for its sole account. If, solely because of costs considerations, neither EKI nor ECC brings any such action with sixty (60) days after written notice of infringement is given by or to Sweetheart, Sweetheart, at its sole cost and expense, shall have the right to bring suit to enjoin such infringement and recover damages therefor for its sole account, to the extent such infringement involves food service disposables. Sweetheart shall have the initial right, at its sole cost and expense, to bring suit to enjoin any apparent infringement to the extent it involves the Sweetheart Improvements and to recover damages therefor for its sole account. If, solely because of costs considerations, Sweetheart fails to bring any such action with sixty (60) days after written notice of infringement is given by or to ECC, ECC, at its sole cost and expense, shall have the right to bring suit to enjoin such infringement and recover damages therefor for its sole account, to the extent such infringement involves food service disposables.
Infringement Matters. (a) In the event that either Party becomes aware of any actual or threatened infringement, misappropriation, or other unauthorized use ("Infringement") of the Licensed Patents or any Licensed Technology (the "Enforceable Rights") in connection with Products, such Party shall promptly notify the other Party, and the Parties shall confer in good faith regarding the most appropriate actions to be taken with respect to such Infringement. Both Parties shall use reasonable efforts to cooperate with each other to terminate such Infringement without litigation. So long as the licenses granted to HPC under Section 2 are exclusive, EarthShell shall have the initial right, but not the obligation, to enforce the Enforceable Rights against third parties who are suspected of infringing the Enforceable Rights in connection with Products. If EarthShell does not bring any legal action against third parties who are suspected of infringing the Enforceable Rights in connection with Products within ninety (90) days after notice has been given by a Party to the other Party hereunder with respect thereto, HPC shall have the sole right, but not the obligation, to enforce Enforceable Rights against such third parties. EarthShell shall have the sole right, but not the obligation, to enforce Enforceable Rights against third parties who are suspected of infringing the Enforceable Rights other than in connection with Products and the sole right to enforce Enforceable Rights after the conversion of HPC's license under Section 2 to a non-exclusive license pursuant to Section 2(e).
Infringement Matters. (a) The Biotec Group and EC will promptly, and in any event within thirty (30) days of discovery, notify the other in writing of any apparent infringement of the Technology which comes to its attention and that involves the Products. The Biotec Group shall have the initial right, at its sole cost and expense, to bring suit to enjoin such infringement to the extent it involves the Technology and to recover damages therefor for its sole account. If, the Biotec Group does not bring any such action within sixty (60) days after written notice of infringement is given by or to EC, EC, at its sole cost and expense, shall have the right to bring suit to enjoin such infringement and recover damages therefor for its sole account, to the extent such infringement involves the Products.
Infringement Matters. (a) Each of EarthShell and Sweetheart will promptly, and in any event within thirty (30) days of actual discovery, notify the other of any apparent infringement of the Technology in the Territory which comes to its attention while this Agreement remains in effect. Except with respect to a Sweetheart Improvement, EarthShell shall have the sole right, at its sole cost and expense and in its absolute discretion, to bring any suit to enjoin such infringement and to recover damages therefor for its sole account; provided that, if Sweetheart shall have requested that EarthShell pursue an infringement action against an apparent infringer of the Technology within the Market Segment and within the Territory, and EarthShell fails to notify Sweetheart within thirty (30) days following such request, of its election to pursue and diligently prosecute any action against such apparent infringer, Sweetheart shall have the right to bring such action against such infringer; provided that Sweetheart agrees that EarthShell may intervene, at its sole cost and expense at any time in such action, and, if it does intervene, EarthShell shall control such action in all respects, including, without limitation, with respect to claim construction issues and the assertion of an invalidity defense by the infringement defendant. Except in the case of an infringement action relating to an EarthShell Improvement or a Joint Improvement, to the extent Sweetheart does pursue an action against an apparent infringer pursuant to this Section 8(a), Sweetheart shall be entitled to withhold EC Profit Distribution payments from EarthShell under this Agreement to the extent necessary to reimburse it for all reasonable, third-party, out-of-pocket costs (including attorneys' fees) actually paid by Sweetheart and directly related to the pursuit of such action. Any such withheld EC Profit Distribution payments shall be deemed paid for the purpose of determining whether Sweetheart has achieved its Milestones.
