Intervention. Penn reserves the right to intervene at Penn’s expense and join Company in any litigation, action or proceeding under Section 8.2, provided that Company retains sole control of the same subject to reasonable consultation with Penn. If Penn elects to participate in any such litigation, action or proceeding, then, clause (a) of Section 8.2 shall be replaced with the following “first, applied to reimburse Company and Penn for their respective related expenditures (and if such recoveries are inadequate to reimburse the parties in full, then on a pro rata basis in proportion with their respective shares of the aggregate related expenditures),”.
Appears in 6 contracts
Samples: Patent License Agreement, Patent License Agreement, Patent License Agreement (Aegerion Pharmaceuticals, Inc.)
