Common use of Cost and Fees Clause in Contracts

Cost and Fees. The Defending Member will bear all of its own costs and fees associated with the Defensive Patent Assertion (including all litigation expenses, legal fees, fees related to any United States Patent and Trademark Office or similar non-U.S. government agency action, and expert and consultant fees). The Defending Member will indemnify the Owner Member and COPA (if applicable) for all reasonable costs, attorneys’ fees, expenses, judgements, awards and other amounts incurred by the Owner Member or COPA (if applicable) with respect to the Defensive Patent Assertion. If there are more than one Defending Members involved in a particular Defensive Patent Assertion, they may agree on the allocation of costs and fees among themselves. In the absence of an agreement, all costs and fees will be shared equally among the Defending Members.