Joint Suit. If University and Licensee agree to institute suit jointly, the suit shall be brought in both their names, the out-of-pocket costs thereof shall be borne equally, and any recovery or settlement shall be shared equally. University and Licensee shall agree to the manner in which they shall exercise control over such suit. Each Party, at its option, may be represented by separate counsel of its own selection, the fees for which shall be paid by each such party.
Appears in 4 contracts
Samples: Exclusive License Agreement, Exclusive License Agreement (Omni Bio Pharmaceutical, Inc.), Exclusive License Agreement (Omni Bio Pharmaceutical, Inc.)
Joint Suit. If the University and the Licensee agree to institute suit jointly, the parties to this Agreement shall bring the suit shall be brought in both their parties’ names, the out-of-pocket costs thereof shall will be borne equally, and any recovery or settlement shall will be shared equally[***]. The University and the Licensee shall will agree to the manner in which they shall will exercise control over such suit. Each Partyparty, at its option, may be represented by separate counsel of its own selection, the fees for which shall be paid by each such partythe party electing to retain its own counsel.
Appears in 1 contract
Samples: Exclusive License Agreement (Homology Medicines, Inc.)