Common use of Right to Bring an Action Clause in Contracts

Right to Bring an Action. Licensor shall have the exclusive right to attempt to resolve any infringement or claim in the Territory, including by filing an infringement suit, defending against such claim or taking other similar action, with respect to a Licensor Patent or Program Patent (each, an “Action”) and to compromise or settle any such infringement or claim. At Licensor’s request, Company shall promptly provide Licensor with all relevant documentation (as may be requested by Licensor) evidencing that Licensor is validly empowered by Company to take such an Action. Company is obligated to join Licensor in such Action, or bring such Action on Licensor’s behalf upon Licensor’s request, in each case at Licensor’s expense, if Licensor determines that it is necessary to demonstrate “standing to ▇▇▇”. Company shall cooperate with Licensor in any such Action. If Licensor does not intend to prosecute or defend an Action, Licensor shall promptly inform Company.

Appears in 2 contracts

Sources: Technology License and Collaboration Agreement (Aridis Pharmaceuticals, Inc.), Technology License and Collaboration Agreement (Aridis Pharmaceuticals, Inc.)