Enforcement. Subject to [Section 6.14(e)], if Seller has the right pursuant to [Section 7.2.2] of the License Agreement and applicable Law to institute suit or other legal proceedings to enforce any of the Listed Patents in respect of any Competitive Infringement, then promptly (and in any event within ​ Business Days) following a Responsible Employee of Seller becoming aware of such right of Seller, Seller shall provide notice of such right to Purchaser. In the event that Seller declines to exercise such right, Seller shall promptly give notice of such declination to Purchaser, and the Required Royalty Party shall have ​ Business Days to require that Seller proceed, in consultation with the Required Royalty Party, to institute such a suit or other legal proceeding and to use commercially reasonable efforts to enforce the Listed Patents in respect of such Competitive Infringement, and to exercise such rights and remedies relating to such Competitive Infringement as shall be available to Seller under applicable Law, but, in each case, subject to the terms and conditions of the License Agreement and this Agreement. In connection with any such enforcement of the Listed Patents, Seller may employ any counsel, so long as such counsel is acceptable to the Required Royalty Party (such acceptance not to be unreasonably withheld or delayed).

Enforcement. This Plan constitutes an enforceable contract between the Company and each Participant.

Enforcement. A Final Arbitration Award may be enforced in any state or federal court having jurisdiction over the subject matter of the related Dispute.

Enforcement. The parties hereby agree that if the scope or enforceability of any of the covenants contained in these Terms and Conditions is in dispute, a court or other trier of fact may modify and enforce the covenant in the form necessary to provide the Company with the maximum protection afforded by applicable law.

Enforcement. If any provision of this Agreement is held to be illegal, invalid or unenforceable under present or future laws effective during the Term, such provision shall be fully severable; this Agreement shall be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a portion of this Agreement; and the remaining provisions of this Agreement shall remain in full force and effect and shall not be affected by the illegal, invalid or unenforceable provision or by its severance from this Agreement. Furthermore, in lieu of such illegal, invalid or unenforceable provision there shall be added automatically as part of this Agreement a provision as similar in terms to such illegal, invalid or unenforceable provision as may be possible and be legal, valid and enforceable.

Enforcement. [[Intel:Organization]], at its sole cost and expense, shall have the sole and exclusive right, but not the obligation, to enforce the Licensed Technology in the Territory or to otherwise abate the infringement thereof, and to direct and control any litigation or other enforcement action. [[Peraso:Organization]] shall cooperate with [[Intel:Organization]], at [[Intel:Organization]]’s sole cost and expense, as is reasonably necessary in any such action brought by [[Intel:Organization]], including without limitation, by joining in any such suit if necessary to avoid the dismissal of the suit or if [[Intel:Organization]] otherwise determines that [[Peraso:Organization]] is an indispensable party. If [[Intel:Organization]] brings legal action, [[Intel:Organization]] shall have the sole right to direct and control the prosecution of, and the right to settle and compromise such action, provided that: # [[Intel:Organization]] shall consider, in good faith, the interests of [[Peraso:Organization]] in so doing; and # [[Intel:Organization]] shall not, without the express written consent of [[Peraso:Organization]], settle the suit or otherwise consent to an adverse judgment in such suit that materially diminishes or detrimentally affects in any material way the rights or interests of [[Peraso:Organization]]. In the event any monetary recovery in connection with such infringement action is obtained (either by way of a settlement or a damages award), such recovery shall be solely and exclusively retained by [[Intel:Organization]], and [[Peraso:Organization]] shall have no claim or entitlement to any such monetary recovery. [[Peraso:Organization]] shall have no right to enforce the Licensed Technology or otherwise abate the infringement thereof unless [[Intel:Organization]]: # declines to take such action; and # consents in writing to [[Peraso:Organization]] taking such action.

Enforcement. Cell Medica shall enforce or assist Baylor with enforcing any of the provisions mentioned above in this Article VIII against a sublicensee.

Enforcement. These Covenant Not-to-Compete and No Solicitation provisions shall be construed and enforced under the laws of the State of Florida. In the event of any breach of this Covenant Not-to-Compete, the Executive recognizes that the remedies at law will be inadequate and that, in addition to any relief at law which may be available to the Company for such violation or breach and regardless of any other provision contained in this Agreement, the Company shall be entitled to equitable remedies (including an injunction) and such other relief as a court may grant after considering the intent of this Section 5. It is further acknowledged and agreed that the existence of any claim or cause of action on the part of the Executive against the Company, whether arising from this Agreement or otherwise, shall in no way constitute a defense to the enforcement of this Covenant Not-to-Compete, and the duration of this Covenant Not-to-Compete shall be extended in an amount which equals the time period during which the Executive is or has been in violation of this Covenant Not-to-Compete. In the event a court of competent jurisdiction determines that the provisions of this Covenant Not-to-Compete are excessively broad as to duration, geographic scope, prohibited activities, or otherwise, the parties agree that this covenant shall be reduced or curtailed only to the extent necessary to render it enforceable.

Enforcement. Operator shall have the authority to enforce this Declaration in accordance with the provisions of Article 20, below.

Enforcement. In any action to enforce any of the provisions of this Agreement, the prevailing party shall be entitled to recover its reasonable attorney’s fees and costs, in addition to any other damages and remedies available at law or in equity.