Legal action or suits to eliminate infringement or recover damages pursuant to Paragraph 8.1 shall be at the full expense of the party by whom suit is brought. All damages recovered thereby shall first be used to reimburse each party for its expenses related to the legal action or suit, and the remainder of the damages shall be considered Net Revenues. Each party agrees to cooperate with the other in litigation proceedings. The IC may be represented, at its expense, by counsel of its choice in any suit. GOVERNING LAWS, SETTLING DISPUTES This Agreement shall be construed in accordance with U.S. Federal law, as interpreted and applied by the U.S. Federal courts in the . Federal law and regulations shall preempt any conflicting or inconsistent provisions in this Agreement. The Institution agrees to be subject to the jurisdiction of U.S. courts. Any controversy or any disputed claim by either party against the other arising under or related to this Agreement shall be submitted jointly to the Institution’s President or designee and to the designated IC official or designee for resolution. The Institution and the IC shall be free after written decisions are issued by those officials to pursue any and all administrative or judicial remedies which may be available. TERM AND TERMINATION This Agreement is effective when signed by all parties, unless the provisions of Paragraph 11.8 are not fulfilled, and shall extend to the expiration of the last to expire of the patents included within the Patent Rights unless otherwise terminated by operation of law or by acts of the parties in accordance with the terms of this Agreement. The may terminate this upon at least sixty (60) days written notice to the but in IC Agreement Institution, any event, not less than sixty (60) days prior to the date on which any pending Patent Office actions need be taken to preserve patent rights for the benefit of the parties hereto. The Institution may terminate this Agreement in whole or in part if: the IC fails to make payments or periodic reports required by this Agreement; the IC has committed a substantial breach of a covenant or duty contained in this Agreement; or the IC and the Institution are involved in a dispute under this Agreement which cannot be resolved under the procedures specified in Paragraph 9.2. If the Agreement is terminated under Paragraph 10.3, the Institution agrees to provide all affected licensees an opportunity to license the under such terms as may have been agreed to by the Patent Rights IC. GENERAL
Legal action or suits to eliminate infringement or recover damages pursuant to Paragraph 8.1 shall be at the full expense of the party by whom suit is brought. All damages recovered thereby shall first be used to reimburse each party for its expenses related to the legal action or suit, and the remainder of the damages shall be considered Net Revenues. Each party agrees to cooperate with the other in litigation proceedings. The IC may be represented, at its expense, by counsel of its choice in any suit. GOVERNING LAWS, SETTLING DISPUTES This Agreement shall be construed in accordance with U.S. Federal law, as interpreted and applied by the U.S. Federal courts in the . Federal law and regulations shall preempt any conflicting or inconsistent provisions in this Agreement. The Institution agrees to be subject to the jurisdiction of U.S. courts. Any controversy or any disputed claim by either party against the other arising under or related to this Agreement shall be submitted jointly to the Institution’s President or designee and to the designated IC official or designee for resolution. The Institution and the IC shall be free after written decisions are issued by those officials to pursue any and all administrative or judicial remedies which may be available. TERM AND TERMINATION This Agreement is effective when signed by all parties, unless the provisions of Paragraph 11.8 are not fulfilled, and shall extend to the expiration of the last to expire of the patents included within the Patent Rights unless otherwise terminated by operation of law or by acts of the parties in accordance with the terms of this Agreement. The IC may terminate this Agreement upon at least sixty (60) days written notice to the Institution, but in any event, not less than sixty (60) days prior to the date on which any pending Patent Office actions need be taken to preserve patent rights for the benefit of the parties hereto. The Institution may terminate this Agreement in whole or in part if: the IC fails to make payments or periodic reports required by this Agreement; the IC has committed a substantial breach of a covenant or duty contained in this Agreement; or the IC and the Institution are involved in a dispute under this Agreement which cannot be resolved under the procedures specified in Paragraph 9.2. If the Agreement is terminated under Paragraph 10.3, the Institution agrees to provide all affected licensees an opportunity to license the Patent Rights under such terms as may have been agreed to by the IC. GENERAL