Common use of Infringement or Misappropriation by Third Parties Clause in Contracts

Infringement or Misappropriation by Third Parties. 11.1 Each party will inform the other as soon as possible upon learning of any infringement or misappropriation by any Third Party of any Intellectual Property currently or hereafter owned by IMM. 11.2 IMM shall have the first option to proceed against such Third Party. DMI agrees that it will permit the use of its name in any litigation suit, will sign all necessary papers, will take all rightful oaths, and will do whatever else may be necessary to assist IMM in proceeding against the Third Party. All costs, expenses and disbursements of proceeding against such Third Party shall be borne by IMM, including reimbursement of expenses incurred by DMI as a result of assisting IMM in proceeding against the Third Party. IMM shall keep DMI fully informed of all such proceedings. IMM shall not settle any such proceeding without the input of DMI, which input will be considered in good faith. In the event that IMM is successful in proceeding against the Third Party, all monies recovered by IMM for infringement or misappropriation by way of settlement or order of court shall be treated as follows. If it has not already done so, IMM shall deduct and reimburse DMI the attorneys fees, disbursements and costs expended by DMI in the conduct of proceeding against the Third Party. Next, IMM shall deduct and retain the attorneys fees, disbursements and costs expended by IMM in the conduct of proceeding against the Third Party. Any monies remaining after such deduction shall be divided as follows: [Information redacted pursuant to confidential treatment request filed with the Securities and Exchange Commission] 11.3 In the event that IMM elects not to proceed, DMI shall have the right to proceed against the Third Party. IMM agrees that it will permit the use of its name in any litigation suit, will sign all necessary papers, will take all rightful oaths, and will do whatever else may be necessary to assist DMI in proceeding against the Third Party. All costs, expenses and disbursements of proceeding against such Third Party shall be borne by DMI, including reimbursement of expenses incurred by IMM as a result of assisting DMI in proceeding against the Third Party. DMI shall keep IMM fully informed of all such proceedings. DMI shall not settle any such proceeding without the input of IMM, which input will be considered in good faith. In the event that DMI is successful in proceeding against the Third Party, all monies recovered by DMI for infringement or misappropriation by way of settlement or order of court shall be treated as follows. If it has not already done so, DMI shall deduct and reimburse IMM the attorneys fees, disbursements and costs expended by IMM in the conduct of proceeding against the Third Party. Next, DMI shall deduct and retain the attorneys fees, disbursements and costs expended by DMI in the conduct of proceeding against the Third Party. Any monies remaining after such deduction shall be divided as follows: [Information redacted pursuant to confidential treatment request filed with the Securities and Exchange Commission]

Infringement or Misappropriation by Third Parties. 11.1 19.1 Each party will inform the other as soon as possible upon learning of any infringement or misappropriation by any Third Party of any Intellectual Property currently or hereafter owned by IMMDMI. 11.2 IMM 19.2 DMI shall have the first option to proceed against such Third Party. DMI agrees that it will permit the use of its name in any litigation suit, will sign all necessary papers, will take all rightful oaths, and will do whatever else may be necessary to assist IMM in proceeding against the Third Party. All costs, expenses and disbursements of proceeding against such Third Party shall be borne by IMM, including reimbursement of expenses incurred by DMI as a result of assisting IMM in proceeding against the Third Party. IMM shall keep DMI fully informed of all such proceedings. IMM shall not settle any such proceeding without the input of DMI, which input will be considered in good faith. In the event that IMM is successful in proceeding against the Third Party, all monies recovered by IMM for infringement or misappropriation by way of settlement or order of court shall be treated as follows. If it has not already done so, IMM shall deduct and reimburse DMI the attorneys fees, disbursements and costs expended by DMI in the conduct of proceeding against the Third Party. Next, IMM shall deduct and retain the attorneys fees, disbursements and costs expended by IMM in the conduct of proceeding against the Third Party. Any monies remaining after such deduction shall be divided as follows: [Information redacted pursuant to confidential treatment request filed with the Securities and Exchange Commission] 11.3 In the event that IMM elects not to proceed, DMI shall have the right to proceed against the Third Party. IMM COGENCO agrees that it will permit the use of its name in any litigation suit, will sign all necessary papers, will take all rightful oaths, and will do whatever else may be necessary to assist DMI in proceeding against the Third Party. All costs, expenses and disbursements of proceeding against such Third Party shall be borne by DMI, including reimbursement of expenses incurred by IMM COGENCO as a result of assisting DMI in proceeding against the Third Party. DMI shall keep IMM COGENCO fully informed of all such proceedings. DMI shall not settle any such proceeding without the input of IMMCOGENCO, which input will be considered in good faith. In the event that DMI is successful in proceeding against the Third Party, all monies recovered by DMI for infringement or misappropriation by way of settlement or order of court shall be treated as follows. If it has not already done so, DMI shall deduct and reimburse IMM COGENCO the attorneys fees, disbursements and costs expended by IMM COGENCO in the conduct of proceeding against the Third Party. Next, DMI shall deduct and retain the attorneys fees, disbursements and costs expended by DMI in the conduct of proceeding against the Third Party. Any monies remaining after such deduction shall be divided as follows [**see cover page note] % to DMI and [**see cover page note] % to COGENCO. 19.3 In the event that DMI elects not to proceed, COGENCO shall have the right to proceed against the Third Party. DMI agrees that it will permit the use of its name in any litigation suit, will sign all necessary papers, will take all rightful oaths, and will do whatever else may be necessary to assist COGENCO in proceeding against the Third Party. All costs, expenses and disbursements of proceeding against such Third Party shall be borne by COGENCO, including reimbursement of expenses incurred by DMI as a result of assisting COGENCO in proceeding against the Third Party. COGENCO shall keep DMI fully informed of all such proceedings. COGENCO shall not settle any such proceeding without the prior written consent of DMI, which consent will not be unreasonably withheld or conditioned. In the event that COGENCO is successful in proceeding against the Third Party, all monies recovered by COGENCO for infringement or misappropriation by way of settlement or order of court shall be treated as follows. If it has not already done so, COGENCO shall deduct and reimburse DMI the attorneys fees, disbursements and costs expended by DMI in the conduct of proceeding against the Third Party. Next, COGENCO shall deduct and retain the attorneys fees, disbursements and costs expended by COGENCO in the conduct of proceeding against the Third Party. Any monies remaining after such deduction shall be divided as follows: [Information redacted pursuant **see cover page note] % to confidential treatment request filed with the Securities COGENCO and Exchange Commission][**see cover page note] % to DMI.

Infringement or Misappropriation by Third Parties. 11.1 20.1 Each party will inform the other as soon as possible upon learning of any infringement or misappropriation by any Third Party of any Intellectual Property currently or hereafter owned by IMMSP. 11.2 IMM 20.2 SP shall have the first option to proceed against such Third Party. DMI BIOACCELERATE agrees that it will permit the use of its name in any litigation suit, will sign all necessary papers, will take all rightful oaths, and will do whatever else may be necessary to assist IMM SP in proceeding against the Third Party. All costs, expenses and disbursements of proceeding against such Third Party shall be borne by IMMSP, including reimbursement of expenses incurred by DMI BIOACCELERATE as a result of assisting IMM SP in proceeding against the Third Party. IMM SP shall keep DMI BIOACCELERATE fully informed of all such proceedings. IMM SP shall not settle any such proceeding without the input of DMIBIOACCELERATE, which input will be considered in good faith. In the event that IMM SP is successful in proceeding against the Third Party, all monies recovered by IMM SP for infringement or misappropriation by way of settlement or order of court shall be treated as follows. If it has not already done so, IMM SP shall deduct and reimburse DMI BIOACCELERATE the attorneys attorneys' fees, disbursements and costs expended by DMI BIOACCELERATE in the conduct of proceeding against the Third Party. Next, IMM SP shall deduct and retain the attorneys attorneys' fees, disbursements and costs expended by IMM SP in the conduct of proceeding against the Third Party. Any monies remaining after such deduction shall be divided as follows: [Information redacted pursuant 75% to confidential treatment request filed with the Securities SP and Exchange Commission]25% to BIOACCELERATE. 11.3 20.3 In the event that IMM SP elects not to proceed, DMI BIOACCELERATE shall have the right to proceed against the Third Party. IMM SP agrees that it will permit the use of its name in any litigation suit, will sign all necessary papers, will take all rightful oaths, and will do whatever else may be necessary to assist DMI BIOACCELERATE in proceeding against the Third Party. All costs, expenses and disbursements of proceeding against such Third Party shall be borne by DMIBIOACCELERATE, including reimbursement of expenses incurred by IMM SP as a result of assisting DMI BIOACCELERATE in proceeding against the Third Party. DMI BIOACCELERATE shall keep IMM SP fully informed of all such proceedings. DMI BIOACCELERATE shall not settle any such proceeding without the input of IMMSP, which input will be considered in good faith. In the event that DMI BIOACCELERATE is successful in proceeding against the Third Party, all monies recovered by DMI BIOACCELERATE for infringement or misappropriation by way of settlement or order of court shall be treated as follows. If it has not already done so, DMI BIOACCELERATE shall deduct and reimburse IMM SP the attorneys attorneys' fees, disbursements and costs expended by IMM SP in the conduct of proceeding against the Third Party. Next, DMI BIOACCELERATE shall deduct and retain the attorneys attorneys' fees, disbursements and costs expended by DMI BIOACCELERATE in the conduct of proceeding against the Third Party. Any monies remaining after such deduction shall be divided as follows: [Information redacted pursuant 75% to confidential treatment request filed with the Securities BIOACCELERATE and Exchange Commission]25% to SP.

Infringement or Misappropriation by Third Parties. 11.1 25.1 Each party will inform the other as soon as possible upon learning of any infringement or misappropriation by any Third Party of any Intellectual Property currently or hereafter owned by IMMDMI. 11.2 IMM 25.2 DMI shall have the first option to proceed against such Third Party. DMI agrees that it will permit the use of its name in any litigation suit, will sign all necessary papers, will take all rightful oaths, and will do whatever else may be necessary to assist IMM in proceeding against the Third Party. All costs, expenses and disbursements of proceeding against such Third Party shall be borne by IMM, including reimbursement of expenses incurred by DMI as a result of assisting IMM in proceeding against the Third Party. IMM shall keep DMI fully informed of all such proceedings. IMM shall not settle any such proceeding without the input of DMI, which input will be considered in good faith. In the event that IMM is successful in proceeding against the Third Party, all monies recovered by IMM for infringement or misappropriation by way of settlement or order of court shall be treated as follows. If it has not already done so, IMM shall deduct and reimburse DMI the attorneys fees, disbursements and costs expended by DMI in the conduct of proceeding against the Third Party. Next, IMM shall deduct and retain the attorneys fees, disbursements and costs expended by IMM in the conduct of proceeding against the Third Party. Any monies remaining after such deduction shall be divided as follows: [Information redacted pursuant to confidential treatment request filed with the Securities and Exchange Commission] 11.3 In the event that IMM elects not to proceed, DMI shall have the right to proceed against the Third Party. IMM ENHANCE agrees that it will permit the use of its name in any litigation suit, will sign all necessary papers, will take all rightful oaths, and will do whatever else may be necessary to assist DMI in proceeding against the Third Party. All costs, expenses and disbursements of proceeding against such Third Party shall be borne by DMI, including reimbursement of expenses incurred by IMM ENHANCE as a result of assisting DMI in proceeding against the Third Party. DMI shall keep IMM ENHANCE fully informed of all such proceedings. DMI shall not settle any such proceeding without the input of IMMENHANCE, which input will be considered in good faith. In the event that DMI is successful in proceeding against the Third Party, all monies recovered by DMI for infringement or misappropriation by way of settlement or order of court shall be treated as follows. If it has not already done so, DMI shall deduct and reimburse IMM ENHANCE the attorneys fees, disbursements and costs expended by IMM ENHANCE in the conduct of proceeding against the Third Party. Next, DMI shall deduct and retain the attorneys attorneys' fees, disbursements and costs expended by DMI in the conduct of proceeding against the Third Party. Any monies remaining after such deduction shall be divided as follows: [Information redacted pursuant 75% to confidential treatment request filed with DMI and 25% to ENHANCE. 25.3 In the Securities event that DMI elects not to proceed, ENHANCE shall have the right to proceed against the Third Party. DMI agrees that it will permit the use of its name in any litigation suit, will sign all necessary papers, will take all rightful oaths, and Exchange Commission]will do whatever else may be necessary to assist ENHANCE in proceeding against the Third Party. All costs, expenses and disbursements of proceeding against such Third Party shall be borne by ENHANCE, including reimbursement of expenses incurred by DMI as a result of assisting ENHANCE in proceeding against the Third Party. ENHANCE shall keep DMI fully informed of all such proceedings. ENHANCE shall not settle any such proceeding without the input of DMI, which input will be considered in good faith. In the event that ENHANCE is successful in proceeding against the Third Party, all monies recovered by ENHANCE for infringement or misappropriation by way of settlement or order of court shall be treated as follows. If it has not already done so, ENHANCE shall deduct and reimburse DMI the attorneys fees, disbursements and costs expended by DMI in the conduct of proceeding against the Third Party. Next, ENHANCE shall deduct and retain the attorneys fees, disbursements and costs expended by ENHANCE in the conduct of proceeding against the Third Party. Any monies remaining after such deduction shall be divided as follows: 75% to ENHANCE and 25% to DMI.

Infringement or Misappropriation by Third Parties. 11.1 19.1 Each party will inform the other as soon as possible upon learning of any infringement or misappropriation by any Third Party of any Intellectual Property currently or hereafter owned by IMMDMI. 11.2 IMM 19.2 DMI shall have the first option to proceed against such Third Party. DMI agrees that it will permit the use of its name in any litigation suit, will sign all necessary papers, will take all rightful oaths, and will do whatever else may be necessary to assist IMM in proceeding against the Third Party. All costs, expenses and disbursements of proceeding against such Third Party shall be borne by IMM, including reimbursement of expenses incurred by DMI as a result of assisting IMM in proceeding against the Third Party. IMM shall keep DMI fully informed of all such proceedings. IMM shall not settle any such proceeding without the input of DMI, which input will be considered in good faith. In the event that IMM is successful in proceeding against the Third Party, all monies recovered by IMM for infringement or misappropriation by way of settlement or order of court shall be treated as follows. If it has not already done so, IMM shall deduct and reimburse DMI the attorneys fees, disbursements and costs expended by DMI in the conduct of proceeding against the Third Party. Next, IMM shall deduct and retain the attorneys fees, disbursements and costs expended by IMM in the conduct of proceeding against the Third Party. Any monies remaining after such deduction shall be divided as follows: [Information redacted pursuant to confidential treatment request filed with the Securities and Exchange Commission] 11.3 In the event that IMM elects not to proceed, DMI shall have the right to proceed against the Third Party. IMM COGENCO agrees that it will permit the use of its name in any litigation suit, will sign all necessary papers, will take all rightful oaths, and will do whatever else may be necessary to assist DMI in proceeding against the Third Party. All costs, expenses and disbursements of proceeding against such Third Party shall be borne by DMI, including reimbursement of expenses incurred by IMM COGENCO as a result of assisting DMI in proceeding against the Third Party. DMI shall keep IMM COGENCO fully informed of all such proceedings. DMI shall not settle any such proceeding without the input of IMMCOGENCO, which input will be considered in good faith. In the event that DMI is successful in proceeding against the Third Party, all monies recovered by DMI for infringement or misappropriation by way of settlement or order of court shall be treated as follows. If it has not already done so, DMI shall deduct and reimburse IMM COGENCO the attorneys fees, disbursements and costs expended by IMM COGENCO in the conduct of proceeding against the Third Party. Next, DMI shall deduct and retain the attorneys fees, disbursements and costs expended by DMI in the conduct of proceeding against the Third Party. Any monies remaining after such deduction shall be divided as follows: [Information redacted pursuant **see cover page note]% to confidential treatment request filed with DMI and [**see cover page note]% to COGENCO. 19.3 In the Securities event that DMI elects not to proceed, COGENCO shall have the right to proceed against the Third Party. DMI agrees that it will permit the use of its name in any litigation suit, will sign all necessary papers, will take all rightful oaths, and Exchange Commission]will do whatever else may be necessary to assist COGENCO in proceeding against the Third Party. All costs, expenses and disbursements of proceeding against such Third Party shall be borne by COGENCO, including reimbursement of expenses incurred by DMI as a result of assisting COGENCO in proceeding against the Third Party. COGENCO shall keep DMI fully informed of all such proceedings. COGENCO shall not settle any such proceeding without the prior written consent of DMI, which consent will not be unreasonably withheld or conditioned. In the event that COGENCO is successful in proceeding against the Third Party, all monies recovered by COGENCO for infringement or misappropriation by way of settlement or order of court shall be treated as follows. If it has not already done so, COGENCO shall deduct and reimburse DMI the attorneys fees, disbursements and costs expended by DMI in the conduct of proceeding against the Third Party. Next, COGENCO shall deduct and retain the attorneys fees, disbursements and costs expended by COGENCO in the conduct of proceeding against the Third Party. Any monies remaining after such deduction shall be divided as follows: [**see cover page note]% to COGENCO and [**see cover page note]% to DMI.

Infringement or Misappropriation by Third Parties. 11.1 20.1 Each party will inform the other as soon as possible upon learning of any infringement or misappropriation by any Third Party of any Intellectual Property currently or hereafter owned by IMMDMI. 11.2 IMM 20.2 DMI shall have the first option to proceed against such Third Party. DMI agrees that it will permit the use of its name in any litigation suit, will sign all necessary papers, will take all rightful oaths, and will do whatever else may be necessary to assist IMM in proceeding against the Third Party. All costs, expenses and disbursements of proceeding against such Third Party shall be borne by IMM, including reimbursement of expenses incurred by DMI as a result of assisting IMM in proceeding against the Third Party. IMM shall keep DMI fully informed of all such proceedings. IMM shall not settle any such proceeding without the input of DMI, which input will be considered in good faith. In the event that IMM is successful in proceeding against the Third Party, all monies recovered by IMM for infringement or misappropriation by way of settlement or order of court shall be treated as follows. If it has not already done so, IMM shall deduct and reimburse DMI the attorneys fees, disbursements and costs expended by DMI in the conduct of proceeding against the Third Party. Next, IMM shall deduct and retain the attorneys fees, disbursements and costs expended by IMM in the conduct of proceeding against the Third Party. Any monies remaining after such deduction shall be divided as follows: [Information redacted pursuant to confidential treatment request filed with the Securities and Exchange Commission] 11.3 In the event that IMM elects not to proceed, DMI shall have the right to proceed against the Third Party. IMM ENHANCE agrees that it will permit the use of its name in any litigation suit, will sign all necessary papers, will take all rightful oaths, and will do whatever else may be necessary to assist DMI in proceeding against the Third Party. All costs, expenses and disbursements of proceeding against such Third Party shall be borne by DMI, including reimbursement of expenses incurred by IMM ENHANCE as a result of assisting DMI in proceeding against the Third Party. DMI shall keep IMM ENHANCE fully informed of all such proceedings. DMI shall not settle any such proceeding without the input of IMMENHANCE, which input will be considered in good faith. In the event that DMI is successful in proceeding against the Third Party, all monies recovered by DMI for infringement or misappropriation by way of settlement or order of court shall be treated as follows. If it has not already done so, DMI shall deduct and reimburse IMM ENHANCE the attorneys fees, disbursements and costs expended by IMM ENHANCE in the conduct of proceeding against the Third Party. Next, DMI shall deduct and retain the attorneys fees, disbursements and costs expended by DMI in the conduct of proceeding against the Third Party. Any monies remaining after such deduction shall be divided as follows: [Information redacted pursuant 75% to confidential treatment request filed with DMI and 25% to ENHANCE. 20.3 In the Securities event that DMI elects not to proceed, ENHANCE shall have the right to proceed against the Third Party. DMI agrees that it will permit the use of its name in any litigation suit, will sign all necessary papers, will take all rightful oaths, and Exchange Commission]will do whatever else may be necessary to assist ENHANCE in proceeding against the Third Party. All costs, expenses and disbursements of proceeding against such Third Party shall be borne by ENHANCE, including reimbursement of expenses incurred by DMI as a result of assisting ENHANCE in proceeding against the Third Party. ENHANCE shall keep DMI fully informed of all such proceedings. ENHANCE shall not settle any such proceeding without the input of DMI, which input will be considered in good faith. In the event that ENHANCE is successful in proceeding against the Third Party, all monies recovered by ENHANCE for infringement or misappropriation by way of settlement or order of court shall be treated as follows. If it has not already done so, ENHANCE shall deduct and reimburse DMI the attorneys fees, disbursements and costs expended by DMI in the conduct of proceeding against the Third Party. Next, ENHANCE shall deduct and retain the attorneys fees, disbursements and costs expended by ENHANCE in the conduct of proceeding against the Third Party. Any monies remaining after such deduction shall be divided as follows: 75% to ENHANCE and 25% to DMI.