Right to Prosecute. As between the Parties, Partner will have the right to control the Patent Prosecution of all Partner Collaboration Patent Rights throughout the world. Partner will be responsible for [***]% of the costs and expenses incurred with respect to the Patent Prosecution of such Patent Rights throughout the world.
Right to Prosecute. Voxeljet acknowledges that Z Corp. and M.I.T. shall have the right, but shall not be obligated, to prosecute at their own expense all infringements of the M.I.T. Patents. Z Corp. shall have the right, but shall not be obligated, to prosecute at its own expense all infringements of the Z Corporation Patents. [***] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.
Right to Prosecute. MIT shall have the right, but not the obligation, to prosecute at its own expense all infringements of the PATENT RIGHTS. The total cost of any such infringement action commenced or defended solely by MIT shall be borne by MIT, and MIT shall keep any recovery or damages derived therefrom, whether compensatory for past infringement or punitive.
Right to Prosecute. ESG shall have the right, but shall not be obligated, to prosecute at its own expense all infringements of the Patent Rights and, in furtherance of such right, Viking hereby agrees that ESG may include Viking as a party plaintiff in any such suit, without expense to Viking. The total cost of any such infringement action commenced or defended solely by ESG shall be borne by ESG and ESG shall keep any recovery or damages derived therefrom, whether compensatory for past infringement or punitive.
Right to Prosecute. As between the Parties, Kiniksa or its Affiliate will have the first right, in its sole discretion, to control the Patent Prosecution of all Kiniksa Patent Rights throughout the world. Partner will obtain any necessary assignment documents for Kiniksa with respect to the Patent Prosecution of such Patent Rights, will render all signatures that will be necessary for such patent filings, and will assist Kiniksa or its Affiliate in all other reasonable ways that are necessary for the issuance of such Patent Rights as well as for the Patent Prosecution of such Patent Rights. Partner will be responsible for [***]% of the reasonable out-of-pocket costs incurred by or on behalf of Kiniksa or its Affiliate with respect to the Patent Prosecution of such Patent Rights in the Territory, and will reimburse Kiniksa for such costs within [***] days after receiving an invoice with reasonable supporting documentation for such costs.
Right to Prosecute. (a) In the event of infringement by a third party of any patent under the Licensed Patent Rights within the Licensed Field, WANG may elect, at his own expense, to enforce such Licensed Patent Rights against the infringers by appropriate legal proceedings or otherwise. Any and all recoveries by way of royalties. damages or settlement shall go to WANG. Licensee will cooperate with WANG and execute any documents necessary for WANG to exercise WANG's rights under this clause.
Right to Prosecute. As between the Parties, Licensee will have the first right to control the Patent Prosecution of all Licensee Collaboration Patent Rights throughout the world at its sole expense. (b)
Right to Prosecute. Except as set forth in Section 12.5.2(b) (Partner First Right), as between the Parties, uniQure will have the sole right (subject to Section 12.4.1(b) (Review and Consult)) to control the Patent Prosecution of all uniQure Platform Patent Rights and uniQure Manufacturing Patent Rights, in each case, throughout the Territory at its sole cost and expense.
Right to Prosecute. As between the Parties, Licensor or its Affiliate will have the sole right to control the Patent Prosecution of the Licensor Patent Rights and Patent Rights claiming Joint IP (the “Licensor Prosecuted Patent Rights”) worldwide. Such Patent Prosecution will be at Licensor’s sole expense, except any maintenance fees imposed by the Japan Patent Office shall be solely borne by Licensee. (b)
Right to Prosecute. Etc. No Fund or Series shall be liable for indemnification for losses or expenses arising out of litigation against an Indemnitee under this Section 6.03 if such Indemnitee shall have failed promptly to notify such Fund in writing of the commencement of any litigation or proceeding brought against such Indemnitee in respect of which indemnity may be sought under this Section 6.03 to the extent that such failure to notify shall have had a material adverse effect on such Fund or Series. With respect to claims in such litigation or proceedings for which indemnity by a Fund may be sought and subject to applicable law and the ruling of any court of competent jurisdiction, such Fund shall be entitled to participate in any such litigation or proceeding and, after written notice from such Fund to any Indemnitee, such Fund may assume the defense of such litigation or proceeding with counsel of its choice at its own expense in respect of that portion of the litigation for which such Fund may be subject to an indemnification obligation; provided, however, an Indemnitee shall be entitled to participate in (but not control) at its own cost and expense, the defense of any such litigation or proceeding if such Fund has not acknowledged in writing its obligation to indemnify the Indemnitee with respect to such litigation or proceeding. If such Fund is not permitted to participate in or control such litigation or proceeding under applicable law or by a ruling of a court of competent jurisdiction, such Indemnitee shall reasonably prosecute such litigation or proceeding. An Indemnitee shall not consent to the entry of any judgment or enter into any settlement in any such litigation or proceeding without providing each applicable Fund with adequate notice of any such settlement or judgment, and without each such Fund's prior written consent, which consent shall not be unreasonably withheld. All Indemnitees shall submit written evidence to each applicable Fund with respect to any cost or expense for which they are seeking indemnification in such form and detail as such Fund may reasonably request. With respect to the Custodian, if a Fund has acknowledged in writing its obligation to indemnify the Custodian, the Fund shall not settle for other than monetary damages a claim that materially affects the Custodian without the Custodian's prior written consent.
