Joint Conduct of Lawsuit. With respect to the Joint Representation Lawsuit, Schmeiser and BJC will analyze the Patent Rights and the activities of defendants in any lawsuits and, with the assistance of AVRS, will conduct settlement negotiations for the purpose of obtaining settlement Agreements with such defendants with respect to the Patent Rights. Schmeiser also will assist BJC in connection with the prosecution of the Joint Representation Lawsuit. Schmeiser, as consideration for its rights under this Agreement, agrees to provide, upon request, substantial involvement in any aspect of the Joint Representation Lawsuit, including settlement negotiations, discovery, the preparation of pleadings, participation in hearings, claim construction related activities, trial as well as planning and strategy regarding all of theabove.
Joint Conduct of Lawsuit. With respect to the Joint Representation Lawsuit, Schmeiser and BJC will analyze the Patent Rights and the activities of defendants in any lawsuits and, with the assistance of AVRS, will conduct settlement negotiations for the purpose of obtaining settlement Agreements with such defendants with respect to the Patent Rights. Schmeiser also will assist BJC in connection with the prosecution of the Joint Representation Lawsuit. Schmeiser, as consideration for its rights under this Agreement, agrees to provide, upon request, substantial involvement in any aspect of the Joint Representation Lawsuit, including settlement negotiations, discovery, the preparation of pleadings, participation in hearings, claim construction related activities, trial as well as planning and strategy regarding all of theabove.
SchmeiserAuthority to Act. AVRS and BJC authorize Schmeiser to negotiate, compromise, settle and receive for and in AVRSs name, all compensation, damages or property to which AVRS may become entitled by reason of any Joint Representation Lawsuit. Schmeiser agrees not to enter into any settlement agreement with respect to any Joint Representation Lawsuit without consultation with BJC and AVRS, and Schmeiser agrees not to enter into any settlement agreement without the written consent ofAVRS.
Schmeiser Authority to Act. AVRS and BJC authorize Schmeiser to negotiate, compromise, settle and receive for and in AVRSs name, all compensation, damages or property to which AVRS may become entitled by reason of any Joint Representation Lawsuit. Schmeiser agrees not to enter into any settlement agreement with respect to any Joint Representation Lawsuit without consultation with BJC and AVRS, and Schmeiser agrees not to enter into any settlement agreement without the written consent ofAVRS.
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