Common use of Declaratory Judgment Actions Clause in Contracts

Declaratory Judgment Actions. In the event that a PATENT CHALLENGE or any suit or action alleging that the PATENT RIGHTS are not infringed or unpatentable is brought against ▇▇▇▇▇▇▇▇▇, DFCI or COMPANY or any AFFILIATES or SUBLICENSEES by a third party, the subject party shall promptly notify the other parties in writing, and COMPANY, at its option and upon written notice to ▇▇▇▇▇▇▇▇▇ and DFCI. shall have the right, but shall not be obligated, within [**] days after commencement of such action to take over the sole defense of the action at its own expense. If COMPANY does not exercise this right, ▇▇▇▇▇▇▇▇▇ and/or DFCI may take over the sole defense of the action at ▇▇▇▇▇▇▇▇▇ and/or DFCI’s sole expense, but shall not be obligated to do so, subject to Sections 7.4 and 7.5.

Declaratory Judgment Actions. In the event that a PATENT CHALLENGE or any suit or action alleging that the PATENT RIGHTS are not infringed or unpatentable is brought against ▇▇▇▇▇▇▇▇▇, DFCI or COMPANY or any AFFILIATES or SUBLICENSEES by a third party, the subject party shall promptly notify the other parties in writing, and COMPANY, at its option and upon written notice to ▇▇▇▇▇▇▇▇▇ and DFCI. , shall have the right, but shall not be obligated, within [**] days after commencement of such action to take over the sole defense of the action at its own expense. If COMPANY does not exercise this right, ▇▇▇▇▇▇▇▇▇ and/or DFCI may take over the sole defense of the action at ▇▇▇▇▇▇▇▇▇ and/or DFCI’s DFCIs sole expense, but shall not be obligated to do so, subject to Sections 7.4 and 7.5.