Common use of Control of Suit Clause in Contracts

Control of Suit. 7.2.2.1 As to the infringement of solely owned PER.C6® PATENTS, CRUCELL shall have the exclusive right and sole discretion to effect termination of such infringement, including bringing suit or other proceedings against the infringer in its own name and COMPANY and VAXIN shall be kept informed at all times of all such proceedings taken by CRUCELL but only so as far as the PER.C6® PATENT in suit relates to a VACCINE in the FIELD. If CRUCELL requests, subject to VAXIN’s approval, COMPANY may, at COMPANY’s discretion, join with CRUCELL as a party to the lawsuit or other proceeding at CRUCELL’ expense; however, CRUCELL shall retain control of the prosecution of such suit or proceedings, as the case may be.