Common use of Jointly Developed Technology Clause in Contracts

Jointly Developed Technology. Promptly upon receipt of any Infringement Notice relating to Infringement of Jointly Developed Technology, the Committee shall meet to determine appropriate action to take with respect to such Infringement (the "Committee's Determination"), including (i) whether the parties should prosecute such Infringement jointly, whether either party should prosecute such Infringement independently, or whether no action should be taken by the parties with respect to such Infringement, (ii) in the event that the Committee determines to prosecute such Infringement jointly, the party or parties to have primary responsibility therefor (the "Responsible Party(ies)"), (iii) allocation between the parties of expenses to be incurred with respect to the prosecution of such Infringement, (iv) allocation between the parties of any damages recovered in respect of such Infringement, and (v) any other matter deemed relevant by the Committee in respect of such Infringement. With respect to any joint prosecution, the Responsible Party(ies) shall take such action, as deemed appropriate, whether by action, suit, proceeding or otherwise, in accordance with the Committee's Determination to prevent or eliminate the Infringement and to collect damages with respect thereto. Except as set forth below, all costs and expenses incurred by any party in connection with the Infringement shall be borne by the parties in accordance with the Committee's Determination. Except as set forth below, damages recovered by any party in such action, suit or proceeding in connection with such Infringement shall be apportioned between the parties in accordance with the Committee's Determination. In the event that the Committee is unable to make a determination mutually acceptable to the parties as to how to proceed with respect to such Infringement, either party shall be entitled to prosecute such Infringement in its own name and on its own behalf, in which case such party shall bear all costs and expenses incurred by it

Jointly Developed Technology. Promptly upon receipt of any Infringement Notice relating to Infringement of Jointly Developed Technology, the Committee shall meet to determine appropriate action to take with respect to such Infringement (the "Committee's Determination"), including (i) whether the parties should prosecute such Infringement jointly, whether either party should prosecute such Infringement independently, or whether no action should be taken by the parties with respect to such Infringement, (ii) in the event that the Committee determines to prosecute such Infringement jointly, the party or parties to have primary responsibility therefor (the "Responsible Party(ies)"), (iii) allocation between the parties of expenses to be incurred with respect to the prosecution of such Infringement, (iv) allocation between the parties of any damages recovered in respect of such Infringement, and (v) any other matter deemed relevant by the Committee in respect of such Infringement. With respect to any joint prosecution, the Responsible Party(ies) shall take such action, as deemed appropriate, whether by action, suit, proceeding or otherwise, in accordance with the Committee's Determination to prevent or eliminate the Infringement and to collect damages with respect thereto. Except as set forth below, all costs and expenses incurred by any party in connection with the Infringement shall be borne by the parties in accordance with the Committee's Determination. Except as set forth below, damages recovered by any party in such action, suit or proceeding in connection with such Infringement shall be apportioned between the parties in accordance with the Committee's Determination. In the event that the Committee is unable to make a determination mutually acceptable to the parties as to how to proceed with respect to such Infringement, either party shall be entitled to prosecute such Infringement in its own name and on its own behalf, in which case such party shall bear all costs and expenses incurred by itit in connection with prosecuting such Infringement and shall retain all damages recovered in respect thereof.