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

Conduct of Certain Actions; Costs. The Party initiating suit or taking other action with respect to an Infringement Claim shall have the sole and exclusive right to select counsel for, and otherwise control, any suit or action initiated by it pursuant to Section ‎7.3(b) or ‎7.3(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 ‎7.3(b) and ‎7.3(c), including the fees and expenses of the counsel selected by it. The other Party shall have the right to participate, but not control, and be represented in, any such suit by its own counsel at its own expense.

Appears in 2 contracts

Samples: License Agreement (Processa Pharmaceuticals, Inc.), License Agreement (Processa Pharmaceuticals, Inc.)

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Conduct of Certain Actions; Costs. The Party initiating suit or taking other action with respect to an Infringement Claim shall have the sole and exclusive right to select counsel for, and otherwise control, any suit or action initiated by it pursuant to Section ‎7.3(b) or ‎7.3(c7.3(b). 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 ‎7.3(b) and ‎7.3(cSection 7.3(b), including the fees and expenses of the counsel selected by it. The other Party shall have the right to participate, but not control, and be represented in, any such suit by its own counsel at its own expense.

Appears in 2 contracts

Samples: License Agreement (Ocuphire Pharma, Inc.), License Agreement (Processa Pharmaceuticals, Inc.)

Conduct of Certain Actions; Costs. The Party initiating suit or taking other action with respect to an Infringement Claim shall have the sole and exclusive right to select counsel for, and otherwise control, any suit or action initiated by it pursuant to Section ‎7.3(b7.3(b) or ‎7.3(c7.3(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 ‎7.3(b7.3(b) and ‎7.3(c7.3(c), including the fees and expenses of the counsel selected by it. The other Party shall have the right to participate, but not control, and be represented in, any such suit by its own counsel at its own expense.

Appears in 1 contract

Samples: License Agreement (vTv Therapeutics Inc.)

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Conduct of Certain Actions; Costs. The Party initiating suit or taking other action with respect to an Infringement Claim shall have the sole and exclusive right to select counsel for, and otherwise control, any suit or action initiated by it pursuant to Section ‎7.3(b7.4(b) or ‎7.3(c7.4(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 ‎7.3(b7.4(b) and ‎7.3(c7.4(c), including the fees and expenses of the counsel selected by it. The other Party shall have the right to participate, but not control, and be represented in, any such suit by its own counsel at its own expense.

Appears in 1 contract

Samples: License Agreement (vTv Therapeutics Inc.)

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