part of a family of patents to which an application belongs, or decides to abandon or discontinue the prosecution or maintenance of any of the Joint IP Rights, such Party shall notify the other Party thereof, and such other Party may elect to continue the prosecution (including non-provisional application and PCT entry) or maintenance of such Joint IP Rights at its sole expense and in the name(s) of both Stryker and Conformis. The provisions of Sections 5.1(c) and 5.1(d) and this Section 5.8 shall run with the Joint IP, and each party shall ensure that any assignee of its interest in the Joint IP expressly assumes in writing such provisions. Any Party pursuing Patent applications in accordance with this Section 5.8 may disclose Confidential Information in patent applications to the extent necessary to provide requisite support for claims therein, provided however, the non-prosecuting Party will have the right, but not the obligation, to review and comment on the scope and content of the proposed disclosure, including the proposed disclosure of Confidential Information, prior to submission of the first disclosure of same in any such Patent applications, and have the comments reasonably considered by the prosecuting Party. In this regard, the prosecuting Party agrees to provide reasonable time for the non-prosecuting party to review and comment prior to any such submission associated with such Patent. 5.9 Infringement and Defense. (a) Each Party may in its sole discretion enforce the Patents or other intellectual property rights it solely owns pursuant to this Agreement, as well as to defend against any assertions of invalidity, unenforceability or ownership of such Patents. (b) The Parties shall confer and consult with respect to disputes with Third Parties respecting the infringement, validity, enforceability or ownership of any Joint IP, including the settlement thereof. Such consultation shall be