Common use of BGM Actions and Participation Clause in Contracts

BGM Actions and Participation. During the Term, BGM shall have the first right, but not the obligation, to enforce any and all claims of infringement of any BGM patents included in Patent Rights, or any related proprietary rights, in its own name, at its own expense and for its own benefit, and ▇▇▇▇▇▇ shall take reasonable actions to enable BGM to enforce such action in BGM’s own name, including, but not limited to, the execution of any necessary papers. ▇▇▇▇▇▇ shall join BGM as a party to such prosecution if it is reasonably determined by BGM that ▇▇▇▇▇▇ is a necessary party to such prosecution, whereupon BGM shall bear all costs and control such litigation as if such action had been brought solely in BGM’s name. BGM shall have the right to control all aspects of the enforcement of any claim against a Third Party brought pursuant to the provisions of this Subsection 7.1.2, including, but not limited to, the right to: (a) select counsel; (b) establish litigation strategies; and (c) pursue settlement discussions and enter into settlements.