Right to Bring Action Clause Samples
The "Right to Bring Action" clause establishes a party's legal entitlement to initiate a lawsuit or legal proceedings in the event of a dispute or breach of contract. This clause typically outlines who may bring a claim, under what circumstances, and sometimes specifies the jurisdiction or forum for such actions. For example, it may clarify that either party can seek remedies in court if the other fails to fulfill contractual obligations. Its core practical function is to ensure that parties have a clear and enforceable pathway to resolve disputes, thereby protecting their rights and interests under the agreement.
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Right to Bring Action. Except as set forth in Section 5.7, Oculis shall have the sole right to send notices and bring and conduct actions in relation to any Infringement of the Licensed Compound Patents in the Territory to the extent such Infringement is solely within the Field in the Territory. Alcon will reasonably cooperate with Oculis in taking all reasonable steps requested by Oculis in connection with any Infringement action, including joining in Legal Proceedings. Oculis shall bear the costs of any such Legal Proceedings, and Oculis shall be entitled to any damages, account of profits and/or awards of costs recovered.
Right to Bring Action. The Acquiror shall have the first right, but not the obligation, to take action in the prosecution, prevention, or termination of any Infringement. If the Acquiror does not take action in the prosecution, prevention, or termination of any Infringement pursuant to this Section 6.2, and has not commenced negotiations with the infringer for the discontinuance of said Infringement, within 90 days after receipt of notice to the Acquiror by the Corporation of the existence of an Infringement, the Corporation may elect to do so.
Right to Bring Action. The Secretary of Labor can enforce the Act in accordance with the FLSA enforcement procedures. In addition, an individual employee can enforce the Act through civil action in any Federal or State court of competent jurisdiction.
Right to Bring Action. Except as set forth below, Purchaser shall have the sole right to send notices and bring and conduct actions in relation to any Infringement. Novartis will co-operate fully with the Purchaser in taking all reasonable steps requested by the Purchaser in connection with any Infringement action, including joining in legal proceedings. The Purchaser shall bear the costs of any such legal proceedings, and shall be entitled to any damages, account of profits and/or awards of costs recovered.
Right to Bring Action. (a) Licensor has the sole right and discretion to prevent or ▇▇▇▇▇ any actual or threatened misappropriation or infringement by a third Person relating to the Licensed Patents and Licensed Know-how. Licensor has the right to prosecute any such proceeding in Licensor’s own name. If Licensor brings any such proceeding, upon Licensor’s request Licensee shall provide all reasonable cooperation and assistance required to prosecute such proceedings.
(b) Licensor shall bear its own costs and expenses in all such proceedings and have the right to control the conduct thereof and be represented by counsel of its own choice therein.
Right to Bring Action. One or more Members may bring a legal action in the name of the Company upon a Majority Vote of the Members, excluding the vote of any Member who has an interest in the outcome of the action that is adverse to the interest of the Company.
Right to Bring Action. Novartis shall have the right, in its sole discretion, to initiate legal action in respect of any infringement of the LecTec Patent Rights in the Field of Use in the Territory. In any suit against an infringement brought by either party, the prosecuting party shall have the right to control such suit and to join as a party to such suit the other party to the Agreement, and such other party shall reasonably cooperate in any such suit.
Right to Bring Action. A Member may bring an action in the right of the Company as provided elsewhere in this Agreement or if the Manager or the Executive Committee has refused to bring an action upon the request of the Member, and each Member on behalf of itself and the Company hereby waives any requirement of the Act to plead with particularity the effort of such Member to secure initiation of the action by the Manager or the Executive Committee. In such event, it shall be sufficient that the Member bringing the derivative action has made demand on the Manager and the Executive Committee and no such action has been filed within thirty (30) days after such demand was made.
Right to Bring Action. As the exclusive licensee under the Colonial Trademarks, Buyer shall have the right to bring any legal action, including but not limited to trademark infringement, against any third party and as such may step into the shoes of Parent or Seller as though Buyer were the owner of such trademarks for purposes of such enforcement actions, any money damages or other remedies which may accrue subsequent to the effective date of this Agreement shall inure to the benefit of Buyer, such rights and remedies which shall inure to the benefit of Parent. The decision to bring or refrain from bringing any such enforcement actions shall be at the sole discretion of Buyer. Seller agrees to provide reasonable cooperation, including evidence, testimony, and the like, to assist Buyer in connection with such enforcement actions.
Right to Bring Action. Marathon shall have the sole right (either itself or through its Affiliates, designees or sublicensees) to send notices and bring and conduct actions in relation to any Infringement. Faes will co-operate fully with Marathon or its Affiliates, designees or sublicensees, as the case may be, in taking all reasonable steps requested thereby in connection with any Infringement action, including joining in legal proceedings. Marathon shall bear the out- of pocket costs of any such legal proceedings, and shall be entitled to [**] percent ([**]%) of any damages, account of profits and/or awards of costs recovered.