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ATVI » Topics » shall be distributed to LICENSEE and NCL, pro rata, based upon the fees and costs incurred in bringing such action.This excerpt taken from the ATVI 10-K filed Jun 9, 2005. shall be distributed to LICENSEE and NCL, pro rata, based upon the fees and costs incurred in bringing such action.11.2 Actions by LICENSEE. LICENSEE, without the consent of NCL, may bring any action or proceeding relating to an infringement or potential infringement of LICENSEEs Proprietary Rights in the Licensed Products. LICENSEE shall make reasonable efforts to inform NCL of such actions in a timely manner. LICENSEE will have the right to retain all proceeds it may derive from any recovery in connection with such actions.11.3 Actions by NCL. NCL, without the consent of LICENSEE, may bring any action or proceeding relating to an infringement or potential infringement of NCLs Intellectual Property Rights in the Licensed Products. NCL shall make reasonable efforts to inform LICENSEE of such actions in a timely manner. NCL will have the right to retain all proceeds it may derive from any recovery in connection with such actions. |
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