Right to Bring an Action. [*] including by filing an infringement suit, defending against such claim, or taking other similar action (each, an “Action”) and to compromise or settle any such Action in connection with such Product Infringement (subject to Section 7.3.4) in the Field in the Territory. [*] in such Action, [*], to the extent necessary to demonstrate “standing to sue”. [*] have the right, but not the obligation, to commence or take such Action in the Territory, at its sole cost and expense. The enforcing Party shall keep the other Party regularly informed of the status and progress of such enforcement efforts, and shall reasonably consider the other Party’s comments on any such efforts. The non-enforcing Party shall be entitled to separate representation in such matter by counsel of its own choice and at its own expense, but such Party shall at all times cooperate fully with the enforcing Party.
Appears in 2 contracts
Sources: License Agreement (Merus N.V.), License Agreement (Merus N.V.)