Common use of Enforcement in the Territory Clause in Contracts

Enforcement in the Territory. Alliance shall have the right, but not the obligation, to institute, prosecute and control at its own expense any action or proceeding with respect to infringement of any Alliance Patents covering the manufacture, use, importation, sale or offer for sale of the product being developed or marketed by counsel of its own choice. Where possible with regard to manpower and time, Schering upon Alliance's request and at Alliance's costs, shall give documentary support and reasonable assistance in such proceedings. Any damages or other monetary awards recovered pursuant to this Section 8.04(b) shall be for the account of Alliance. If Alliance fails or does not want to bring an action or proceeding or otherwise take appropriate action to ▇▇▇▇▇ such infringement within a period of one hundred eighty (180) days of notice by Schering to Alliance requesting such action, Schering shall have the right, but not the obligation, to institute, prosecute and control at its own expense any such action or proceeding with respect to infringement of any Alliance patents.*