Territory In License Agreement

8.7 Without limiting the generality of paragraph 8.6, HARVARD may, if elected and by notification to licensee, set a period of sixty (60) days for licensee to decide whether to pursue a violation of which HARVARD is aware or obtains. If Licensee has not brought such action before the end of this sixty (sixty) day period, HARVARD may pursue such infringement at its own expense, control such action and withhold any recovery therefy. With respect to infringement actions brought in good faith by HARVARD, the Harvard licensee must make to Harvard all payments (whether or not referred to as “royalties”) that the alleged infringer, under an existing or future sublicense authorizing the LICENSED PRODUCTS, up to the amount of legal costs not reimbursed by HARVARD (including, But not limited: B. reasonable attorneys` fees). (a) HARVARD`s “Statement of Policy with Respect to Inventions, Patents and Copyrights” of August 10, 1998, Public Law 96-517, Public Law 98-620 and HARVARD`s obligations under agreements with other research sponsors. Any rights granted in this agreement in excess of what is permitted by Public Law 96-517 or Public Law 98-620 are subject to the necessary amendments to comply with the provisions of these Statutes. 8.1 With respect to patent rights that are exclusively granted to the Licensee under this Agreement, the Licensee shall have the right to pursue infringements of such patent in its own name and at its own expense, provided that such license is exclusive at the time of commencement of such action. HARVARD undertakes to immediately inform the Licensee of any infringement of such patents of which HARVARD becomes aware of or receives.