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

Conduct of Certain Actions; Costs. The Party initiating litigation under this Section 5.6 will have the sole and exclusive right to select counsel for any litigation initiated by it pursuant to this Section. The initiating Party 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 this Section, including the fees and expenses of the legal counsel selected by it.

Appears in 2 contracts

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

Conduct of Certain Actions; Costs. The Party initiating litigation suit under this Section 5.6 5.3 will have the sole and exclusive right to select counsel for any litigation suit initiated by it pursuant to this Section. The initiating Party 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 this Section, including the fees and expenses of the legal counsel **** selected by it.

Appears in 2 contracts

Samples: Exclusive License Agreement (Opko Health, Inc.), Exclusive License Agreement (Opko Health, Inc.)

Conduct of Certain Actions; Costs. The Party initiating litigation suit under this Section 5.6 5.3 will have the sole and exclusive right to select counsel for any litigation suit initiated by it pursuant to this Section. The initiating Party 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 this Section, including the fees and expenses of the legal counsel * selected by it.

Appears in 2 contracts

Samples: Exclusive License Agreement (TESARO, Inc.), Exclusive License Agreement (TESARO, Inc.)

Conduct of Certain Actions; Costs. The Party initiating litigation under this Section 5.6 will suit shall have the sole and exclusive right to select counsel for any litigation suit initiated by it pursuant to this Section. The initiating Party will assume and pay all of its own out-of-pocket costs incurred in connection with any litigation Section 10.7.2 or proceedings initiated by it pursuant to this Section, including the fees and expenses of the legal counsel selected by it10.

Appears in 1 contract

Samples: Collaboration and License Agreement (Altus Pharmaceuticals Inc.)