Common use of Xxxxxx Corp Clause in Contracts

Xxxxxx Corp. II and DURA, whether by judgment or settlement, shall be retained by Xxxxxx Corp. II or DURA pro rata according to the respective percentages of expenses borne by them in enforcing such Patent Rights. Neither DURA nor Xxxxxx Corp. II shall enter into any settlement that includes the grant of a license under, agreement not to enforce, or any statement prejudicial to the validity or enforceability of any Patent Rights without the consent of the other, which consent shall not be unreasonably withheld.