Common use of Infringement of Clause in Contracts

Infringement of. As between Cue and LGC, Cue shall have the first right, but not the obligation, to bring an appropriate suit or take other action against any person or entity engaged in, or to defend against [***] at its own expense and by counsel of its own choice. LGC shall have the right, at its own expense, to be represented in any such action by counsel of its own choice, and Cue and its counsel will reasonably cooperate with LGC and its counsel in strategizing, preparing and prosecuting any such action or proceeding. If Cue fails to bring such an action or proceeding within (A) [***] days following the notice of alleged infringement or declaratory judgment or (B) [***] days before the time limit, if any, set forth in the appropriate laws and regulations for the filing of such actions, whichever comes first, and [***] LGC shall have the right, but not the obligation, to bring and control any such action at its own expense and by counsel of its own choice, and Cue shall have the right, at its own expense, to be represented in any such action by counsel of its own choice..

Infringement of. As between Cue and LGC, Cue shall have the first right, but not the obligation, to bring an appropriate suit or take other action against any person or entity engaged in, or to defend against [***] at its own expense and by counsel of its own choice]. LGC shall have the right, at its own expense, to be represented in any such action by counsel of its own choice, and Cue and its counsel will reasonably cooperate with LGC and its counsel in strategizing, preparing and prosecuting any such action or proceeding. If Cue fails to bring such an action or proceeding within (A) [***] days following the notice of alleged infringement or declaratory judgment or (B) [***] days before the time limit, if any, set forth in the appropriate laws and regulations for the filing of such actions, whichever comes first, and [***] LGC shall have the right, but not the obligation, to bring and control any such action at its own expense and by counsel of its own choice, and Cue shall have the right, at its own expense, to be represented in any such action by counsel of its own choice...

Infringement of. As between Cue and LGC, Cue shall have the first sole right, but not the obligation, to bring an appropriate suit or take other action against any person or entity engaged in, or to defend against against, [***] at its own expense and by counsel of its own choice. [***], LGC shall have the right, at its own expense, to be represented in any such action by counsel of its own choice, and Cue and its counsel will reasonably cooperate with LGC and its counsel in strategizing, preparing and prosecuting any such action or proceeding. If Solely in the case of an infringement that is a Product Infringement, if Cue fails to bring such an action or proceeding within (A) [***] days following the notice of alleged infringement or declaratory judgment or (B) [***] days before the time limit, if any, set forth in the appropriate laws and regulations for the filing of such actions, whichever comes first, and first [***] LGC shall have the right, but not the obligation, to bring and control any such action at its own expense and by counsel of its own choice, and Cue shall have the right, at its own expense, to be represented in any such action by counsel of its own choice..choice [***].