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Common use of Conduct of Certain Actions; Costs Clause in Contracts

Conduct of Certain Actions; Costs. The Party initiating suit shall have the sole and exclusive right to select counsel for any suit initiated by it pursuant to Section 8.3(b) or 8.3(c). The initiating Party shall assume and pay all of its own out-of-pocket costs incurred in connection with any litigation or proceedings initiated by it pursuant to Sections 8.3(b) and 8.3(c), including the fees and expenses of the counsel selected by it. The other Party shall have the right to participate and be represented in any such suit by its own counsel at its own expense.

Appears in 6 contracts

Samples: Licensing, Research and Development Agreement, Licensing, Research and Development Agreement, License and Research Agreement (vTv Therapeutics Inc.)

Conduct of Certain Actions; Costs. The Party initiating suit legal action shall have the sole and exclusive right to select counsel for any suit initiated by it pursuant to Section 8.3(b) 10.3.2 or 8.3(c10.3.3 (the “Initiating Party”). The initiating Unless otherwise expressly provided, the Initiating Party shall assume and pay all of bear its own out-of-pocket costs incurred in connection with any litigation or proceedings initiated by it pursuant to Sections 8.3(b) and 8.3(c)such legal action, including the fees and expenses of the counsel selected by it. The other Party shall have the right to participate and be represented in any such suit legal action (in cases where such other Party has standing) by its own counsel at its own expense.

Appears in 5 contracts

Samples: Option for a License Agreement, Option for a License Agreement (Macrogenics Inc), Option for a License Agreement (Macrogenics Inc)

Conduct of Certain Actions; Costs. The Party initiating suit shall under this Section 5.2 will have the sole and exclusive right to select counsel for any suit initiated by it pursuant to Section 8.3(b) or 8.3(c)this Section. The initiating Party shall will assume and pay all of its own out-of-pocket costs incurred in connection with any litigation or proceedings initiated by it pursuant to Sections 8.3(b) and 8.3(c)this Section, including the fees and expenses of the legal counsel selected by it. The other Party shall have the right to participate and be represented in any such suit by its own counsel at its own expense.

Appears in 3 contracts

Samples: Exclusive License Agreement (Trevi Therapeutics, Inc.), Exclusive License Agreement (Trevi Therapeutics, Inc.), Exclusive License Agreement (Trevi Therapeutics, Inc.)

Conduct of Certain Actions; Costs. The Party initiating suit legal action shall have the sole and exclusive right to select counsel for any suit initiated by it pursuant to Section 8.3(b) or 8.3(c7.4.2 (the “Initiating Party”). The initiating Unless otherwise expressly provided herein, the Initiating Party shall assume and pay all of bear its own outOut-of-pocket costs Pocket Costs incurred in connection with any litigation or proceedings initiated by it pursuant to Sections 8.3(b) and 8.3(c)such legal action, including the fees and expenses of the counsel selected by it. The other Party shall have the right to participate and be represented in any such suit legal action (in cases where such other Party has standing) by its own counsel at its own expense.

Appears in 3 contracts

Samples: License and Option Agreement (Celldex Therapeutics, Inc.), License and Option Agreement (Kolltan Pharmaceuticals Inc), License and Option Agreement (Kolltan Pharmaceuticals Inc)

Conduct of Certain Actions; Costs. The Party initiating suit legal action shall have the sole and exclusive right to select counsel for any suit initiated by it pursuant to Section 8.3(b) or 8.3(c9.4.2 (the “Initiating Party”). The initiating Unless otherwise expressly provided, the Initiating Party shall assume and pay all of bear its own out-of-pocket costs incurred in connection with any litigation or proceedings initiated by it pursuant to Sections 8.3(b) and 8.3(c)such legal action, including the fees and expenses of the counsel selected by it. The other Party shall have the right to participate and be represented in any such suit legal action (in cases where such other Party has standing) by its own counsel at its own expense.

Appears in 2 contracts

Samples: License Agreement (Macrogenics Inc), License Agreement (Macrogenics Inc)

Conduct of Certain Actions; Costs. The Party initiating suit legal action shall have the sole and exclusive right to select counsel for any suit initiated by it pursuant to Section 8.3(b7.3(b) or 8.3(c7.3(c) (the “Initiating Party”). The initiating Initiating Party shall assume and pay all of bear its own out-of-pocket costs incurred in connection with any litigation or proceedings initiated by it pursuant to Sections 8.3(b) and 8.3(c)such legal action, including the fees and expenses of the counsel selected by it. The other Party shall have the right to participate and be represented in any such suit legal action (in cases where such other Party has standing) by its own counsel at its own expense.

Appears in 2 contracts

Samples: Collaboration and License Agreement (Aveo Pharmaceuticals Inc), Collaboration and License Agreement (Aveo Pharmaceuticals Inc)

Conduct of Certain Actions; Costs. The Party initiating suit shall have the sole and exclusive right to select counsel for any suit initiated by it pursuant to Section 8.3(b) 8.3.2, 8.3.3 or 8.3(c)8.3.4. The initiating Party shall assume and pay all of its own out-of-pocket costs incurred in connection with any litigation or proceedings initiated by it pursuant to Sections 8.3(b) and 8.3(c)Section 8.3.2, 8.3.3 or 8.3.4, including the fees and expenses of the legal counsel selected by it. The other Party shall have the right to participate and be represented in any such suit by the initiating Party’s counsel, or by its own legal counsel at its own expense.

Appears in 1 contract

Samples: Collaboration and License Agreement (Synta Pharmaceuticals Corp)

Conduct of Certain Actions; Costs. The Party initiating suit shall have the sole and exclusive right to select counsel for any suit initiated by it pursuant to Section 8.3(b) 8.3.2, 8.3.3 or 8.3(c). The initiating Party shall assume and pay all of its own out-of-pocket costs incurred in connection with any litigation or proceedings initiated by it pursuant to Sections 8.3(b) and 8.3(c), including the fees and expenses of the counsel selected by it. The other Party shall have the right to participate and be represented in any such suit by its own counsel at its own expense8.

Appears in 1 contract

Samples: Collaboration and License Agreement (Synta Pharmaceuticals Corp)