Common use of Right to Prosecute Clause in Contracts

Right to Prosecute. (a) In the event of infringement by a third party of any patent under the Licensed Patent Rights within the Licensed Field, WANG may elect, at his own expense, to enforce such Licensed Patent Rights against the infringers by appropriate legal proceedings or otherwise. Any and all recoveries by way of royalties. damages or settlement shall go to WANG. Licensee will cooperate with WANG and execute any documents necessary for WANG to exercise WANG's rights under this clause. (b) In the event of infringement by a third party as described in Section 6.2(a) above, if WANG shall fail to proceed against any such infringer within ninety (90) days after receipt of a written request by Licensee to do so or if WANG shall fail to exercise due diligence in proceedings instituted pursuant to Section 6.2(a) above, then Licensee, in its own discretion and at its own expense, may prosecute the infringer in the name of WANG. Any and all recoveries by way of royalties, damages or settlement shall be divided by Licensee and WANG as follows: 95% to Licensee and 5% to WANG.