Primary Right. will have the first right, but not the obligation, to institute, prosecute, and control a Proceeding with respect to defense or enforcement of the Joint Patents. will have the right to engage counsel of its own choice in connection with such Proceeding . will provide with prompt written notice of the commencement of any such Proceeding, and will keep apprised of the progress of such Proceeding.
Secondary Right. If fails to cause the termination of an infringement of the Joint Patents and fails to initiate a Proceeding with respect thereto no later than days after receipt of notice thereof, will have the right, but not the obligation, to institute, prosecute, and control a Proceeding with respect to enforcement of the relevant Joint Patents. will have the right to engage counsel of its own choice in connection with such Proceeding . will provide with prompt written notice of the commencement of any such Proceeding, and will keep apprised of the progress of such Proceeding.
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