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

Conduct of Certain Actions; Costs. The Party initiating suit under this Section 5.3 will have the sole and exclusive right to select counsel for any suit initiated by it pursuant to this Section. The initiating Party will assume and **** incurred in connection with any litigation or proceedings initiated by it pursuant to this Section, including the **** selected by it.

Appears in 2 contracts

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

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Conduct of Certain Actions; Costs. The Party initiating suit litigation under this Section 5.3 5.6 will have the sole and exclusive right to select counsel for any suit 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)

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Conduct of Certain Actions; Costs. The Party initiating suit under this Section 5.3 will have the sole and exclusive right to select counsel for any suit initiated by it pursuant to this Section. The initiating Party will assume and **** incurred in connection with any litigation or proceedings initiated by it pursuant to this Section, including the **** selected by it.

Appears in 2 contracts

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

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