Common use of Notification of Infringement Clause in Contracts

Notification of Infringement. Each party shall immediately notify the other party and provide to the other party all relevant background facts upon becoming aware of: (a) any registrations of, or applications for registration of, marks that do or may conflict with Licensor’s rights in the Licensed Marks or the rights granted to Licensee under this Agreement, (b) any infringements or misuse of the Licensed Marks by any third party (“Third Party Infringement”) or (c) any claim that Licensee’s use of the Licensed Marks infringes the intellectual property rights of any third party (“Third Party Claim”). Licensor shall have the exclusive right, but not the obligation, to prosecute, defend and/or settle, in its sole discretion, all actions, proceedings and claims involving any Third Party Infringement or Third Party Claim, and to take any other action that it deems necessary or proper for the protection and preservation of its rights in the Licensed Marks. Licensee shall cooperate with Licensor in the prosecution, defense or settlement of such actions, proceedings or claims.

Appears in 8 contracts

Samples: Trademark License Agreement (Diameter Credit Co), Trademark License Agreement (Andalusian Credit Company, LLC), Trademark License Agreement (Diameter Credit Co)

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Notification of Infringement. Each party shall immediately notify the other party and provide to the other party all relevant background facts upon becoming aware of: of (ai) any registrations of, or applications for registration of, marks in the Territory that do or may conflict with Licensor’s rights in the Licensed Marks or the rights granted to Licensee under this AgreementXxxx, (bii) any infringements infringements, imitations, or illegal use or misuse of the Licensed Marks by any third party Xxxx in the Territory (“Third Party Infringement”) or (ciii) any claim that Licensee’s use of the Licensed Marks Xxxx infringes the intellectual property rights of any third party in the Territory (“Third Party Claim”). Licensor shall have the exclusive right, but not the obligation, to prosecute, defend and/or settle, settle in its sole discretion, all actions, proceedings and claims involving any Third Party Infringement or Third Party Claim, and to take any other action that it deems necessary or proper for the protection and preservation of its rights in the Licensed MarksXxxx. Licensee shall cooperate with Licensor in the prosecution, defense or settlement of such actions, proceedings or claimsclaims at Licensor’s expense. Licensor shall be entitled to retain any and all damages and other monies awarded or otherwise paid in connection with any such action.

Appears in 3 contracts

Samples: License Agreement (TriplePoint Global Venture Credit, LLC), License Agreement (TriplePoint Venture Growth BDC Corp.), License Agreement (TriplePoint Venture Growth BDC Corp.)

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Notification of Infringement. Each party Licensee shall immediately notify the other party Licensor and provide to the other party Licensor all relevant background facts upon becoming aware of: (a) any registrations of, or applications for registration of, marks that do or may conflict with Licensor’s rights in the Licensed Marks or the rights granted to Licensee under this Agreement, (b) any infringements or misuse of the Licensed Marks by any third party (“Third Party Infringement”) or (c) any claim that Licensee’s use of the Licensed Marks infringes the intellectual property rights of any third party (“Third Party Claim”). Licensor shall have the exclusive right, but not the obligation, to prosecute, defend and/or settle, in its sole discretion, all actions, proceedings and claims involving any Third Party Infringement or Third Party Claim, and to take any other action that it deems necessary or proper for the protection and preservation of its rights in the Licensed Marks. Licensee shall cooperate with Licensor in the prosecution, defense or settlement of such actions, proceedings or claims.

Appears in 1 contract

Samples: Trademark License Agreement (Muzinich Corporate Lending Income Fund, Inc.)

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