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

Conduct of Certain Actions; Costs. Ikaria shall have the sole and exclusive right to select counsel for any suit initiated by it referenced in subsection (b)(i) above or against it referenced in subsection (c) above, and BioLineRx shall have the sole and exclusive right to select counsel for any suit initiated by it referenced in subsection (b)(ii) above. If required under applicable law in order for a Party (the “Lead Party”) to initiate or maintain such suit, the other Party shall join as a party to the suit. Such other Party shall offer reasonable assistance to the Lead Party in connection therewith at no charge to the Lead Party except for reimbursement of such other Party’s reasonable out-of-pocket expenses incurred in rendering such assistance. The Lead Party shall assume and pay all of its own out-of-pocket costs incurred in connection with any litigation or proceedings referenced in the first sentence of this subsection (e), including the fees and expenses of the counsel selected by it. Subject to applicable law, the other Party shall have the right to participate and be represented in any such suit by its own counsel at its own expense.

Conduct of Certain Actions; Costs. Ikaria The Party initiating or undertaking an Infringement Action under this Section 8.3 shall have the sole and exclusive right to select counsel, mutually acceptable to the Parties (approval of such counsel not to be unreasonably withheld, conditioned or delayed), for any suit initiated by it referenced in subsection (b)(i) above or against it referenced in subsection (c) above, and BioLineRx shall have the sole and exclusive right pursuant to select counsel for any suit initiated by it referenced in subsection (b)(ii) abovethis Section 8.3. If required under applicable law Law in order for a the initiating Party (the “Lead Party”) to initiate or maintain such suitInfringement Action, the other Party or its Affiliate shall join as a party to the suitAction. Such other Party shall offer reasonable assistance to the Lead initiating Party in connection therewith at no charge to the Lead initiating Party except for reimbursement of such other Party’s reasonable outOut-of-pocket expenses Pocket Costs that are incurred in rendering such assistance. The Lead Party shall assume and pay all of its own outOut-of-pocket costs Pocket Costs that are reasonably incurred by either the initiating Party or the other Party in connection with any litigation or proceedings referenced in the first sentence of this subsection (e)Infringement Action pursuant to Section 8.3, including the reasonable fees and expenses of the counsel selected by itthe initiating Party, and the reasonable Out-of-Pocket Costs that are incurred by the other Party or its Affiliate in connection with such Action shall be included in the Shared Patent Costs. Subject to applicable law, the The other Party shall have the right to participate and be represented in any such suit by its own counsel at its own expensecounsel.