Common use of Right to Bring an Action Clause in Contracts

Right to Bring an Action. Felicitex shall have the first right, but not the obligation, to attempt to resolve any infringement or claim, including by filing an infringement suit, defending against such claim or taking other similar action, with respect to a Collaboration Patent and to compromise or settle any such infringement or claim. If Felicitex does not intend to prosecute or defend such action, Felicitex shall inform Selvita without undue delay and Selvita shall have the right, but not the obligation, to resolve any infringement or claim, including by filing an infringement suit, defending against such claim or taking other similar action, with respect to a Collaboration Patent and to compromise or settle any such infringement or claim. Upon each Party’s request, the other Party shall immediately provide the requesting Party with all relevant documentation of such action. Each Party shall have the right to join an action relating to a Collaboration Patent, at its own expense.