Common use of Joinder; Cooperation Clause in Contracts

Joinder; Cooperation. (a) If a Party initiates a Proceeding in accordance with this Section 8.6, the other Party agrees to be joined as a party plaintiff where necessary and to give the first Party reasonable assistance and authority to file and prosecute the Proceeding. Subject to Section 8.6.4, the costs and expenses of each Party incurred pursuant to this Section 8.6.3(a) will be borne by the Party initiating such Proceeding; provided Novartis will only be requested to join such a Proceeding if such Proceeding relates to a Patent Right or Product licensed to Novartis under Section 5.1.

Joinder; Cooperation. (a) If a Party initiates a Proceeding in accordance with this Section 8.68.6 (Enforcement of Patents Against Competitive Infringement), the other Party agrees to be joined as a party plaintiff where necessary and to give the first Party reasonable assistance and authority to file and prosecute the Proceeding. Subject to Section 8.6.48.6.4 (Share of Recoveries), each Party will bear the costs and expenses of each Party it incurred pursuant to this Section 8.6.3(a) will be borne by the Party initiating such Proceeding(Joinder; Cooperation); provided that Novartis will only be requested to join such a Proceeding if such Proceeding relates to a Patent Right or Licensed Product licensed to Novartis under Section 5.15.1 (License Grants to Novartis).