Costs of an Action Clause Samples
The "Costs of an Action" clause defines which party is responsible for paying the expenses associated with legal proceedings or other formal actions arising from the agreement. Typically, this clause specifies whether each party bears its own costs or if the losing party must reimburse the prevailing party for legal fees, court costs, and related expenses. Its core function is to allocate financial responsibility for litigation or dispute resolution, thereby clarifying expectations and potentially discouraging frivolous claims.
Costs of an Action. Subject to the respective indemnity obligations of the Parties set forth in Article IX, the Controlling Party shall pay all costs and expenses associated with such Third Party Action other than the expenses of the other Party if the other Party elects to join such Third Party Action (as provided in the last sentence of Section 6.6(c)).
Costs of an Action. The Controlling Party shall pay all costs associated with such Third Party Action other than the expenses of the other Party if the other Party elects to join such Third Party Action (as provided in the last sentence of this paragraph). Each Party shall have the right to join a Third Party Action defended by the other Party, at its own expense.
Costs of an Action. Subject to the respective indemnity obligations of the Parties set forth in Article 10 of this Agreement, the Controlling Party shall pay all costs associated with a Third Party Action, other than the expenses of the other Party if the other Party elects to join such Action. Each Party shall have the right to join a Third Party Action defended by the other Party, at its own expense.
Costs of an Action. Subject to the respective indemnity obligations of the Parties set forth in Article 8, the Party taking an Action under Section 5.5 (b) shall pay all costs associated with such Action, other than the expenses of the other Party if the other Party elects to join such Action.
Costs of an Action. The Party taking an Action under 7.5(b) shall pay all costs associated with such Action, other than (subject to Section 7.5(e)) the expenses of the other Party if the other Party elects to join such Action (as provided in the last sentence of this paragraph). Each Party shall have the right to join an Action relating to a Licensor Patent or Joint Patent, at its own expense.
Costs of an Action. Subject to the respective indemnity obligations of the Parties set forth in Article IX and subject to Section 6.5(f), each Party involved in an Action under Section 6.5(b) shall pay its own costs and expenses incurred in connection with such Action.
Costs of an Action. Subject to the respective indemnity obligations of the Parties set forth in Article IX, […***…] shall pay […***…] associated with such Third Party Action other than […***…] such Third Party Action (as provided in the last sentence of Section 6.6(c)).
Costs of an Action. Subject to Article 9.6(f) and except as may be provided in the Co-commercialization Agreement, the Party taking an Action under Article 9.6(b) shall pay all costs associated with such Action, other than the expenses of the other Party if the other Party elects to join such Action (as provided in the last sentence of this paragraph). Each Party shall have the right to join an Action relating to a Licensor Patent, Merck Patent or Joint Patent, taken by the other Party at its own expense. [* * *]
Costs of an Action. Subject to the respective indemnity obligations of the Parties set forth in Article IX and Section 6.5(e), […***…] involved in an Action under Section 6.5(b) shall […***…] incurred in connection with such Action. […***…] shall have the right to join […***…] an Action relating to a Licensor Patent or Licensor Know-How, initiated by the other Party.
Costs of an Action. Subject to the respective indemnity obligations of the Parties set forth in Article 13, the Party initiating an Action under Section 10.10.2 shall pay all costs and expenses associated with such Action, other than (subject to Section 10.10.5) the expenses of the other Party if the other Party elects to join such Action or is required to join such Action in order to establish standing. Subject to the respective indemnity obligations of the Parties set forth in Article 13, each Party shall have the right to join an Action relating to any TaiMed Technology or Trademark taken by the other Party at its own cost and expense.