#[[Organization A:Organization]] Patents and Joint Patents. [[Organization A:Organization]] shall have the first right, but not the obligation, to defend and control the defense of the validity and enforceability of the [[Organization A:Organization]] Patents and the Joint Patents [ ] in the Territory. may participate in any such Deductible IP Litigation in the Territory related to the Joint Patents with counsel of its choice at its own expense; provided, that [[Organization A:Organization]] shall retain control of the defense in such Deductible IP Litigation. If [[Organization A:Organization]] elects not to defend or control the defense of the [[Organization A:Organization]] Patents or the Joint Patents in a suit brought in the Territory, or otherwise fails to initiate and maintain the defense of any such Deductible IP Litigation, then may conduct and control the defense of any such Deductible IP Litigation, [ ]; provided, that shall obtain the prior written consent of [[Organization A:Organization]] prior to settling or compromising such Deductible IP Litigation.
# Product Patents. [[Organization A:Organization]] shall have the first right, but not the obligation, to defend and control the defense of the validity and enforceability of the Product Patents [ ] in the Territory. may participate in any such Deductible IP Litigation in the Territory with counsel of its choice at its own expense; provided, that [[Organization A:Organization]] shall retain control of the defense in such Deductible IP Litigation. If [[Organization A:Organization]] elects not to defend or control the defense of the Product Patents in a suit brought in the Territory, or otherwise fails to initiate and maintain the defense of any such Deductible IP Litigation, then may conduct and control the defense of any such Deductible IP Litigation.
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