Common use of Right to Take Action Clause in Contracts

Right to Take Action. In the event that NJMRC or AGIX becomes aware of actual or threatened infringement of any Patent Rights anywhere in the Licensed Territory, that Party shall promptly notify the other Party in writing. AGIX shall have the first right, but not the obligation, to bring, at its sole expense with no expense to NJMRC, an infringement action against any third party. AGIX can use NJMRC's name in connection therewith and to name NJMRC as a party thereto if necessary. If AGIX does not commence a particular infringement action within ninety (90) days of receipt of the notice of infringement, then NJMRC, after notifying AGIX in writing, shall be entitled to bring such infringement action at its own expense. The Party conducting such action shall have full control over its conduct, including settlement of the infringement action. In any event, NJMRC and AGIX shall assist one another and cooperate in any such litigation at the other's request at the expense of the requesting Party.