Control and Cost Sample Clauses

Control and Cost. With regard to any Akebia Defense Action, Akebia will be responsible for controlling such Akebia Defense Action using the counsel of its own choosing, including the right to control the strategy, any appeals, and other material factors related to such Akebia Defense Action. In addition, the Parties will reasonably assist each other and cooperate and share information with respect to such Akebia Defense Actions, including any appeals thereof. For Akebia Defense Actions initiated (a) prior to the Effective Date or (b) on or after the Effective Date related to a Joint Patent Right outside the Territory (an “Akebia Cost Defense Action”), Akebia will be responsible for [**]% of out-of-pocket costs and fees, including attorneys’ fees, expert fees, court fees, and translation costs, incurred by ▇▇▇▇▇▇ in connection with any Akebia Cost Defense Action, including any appeals related to such Akebia Cost Defense Action. Akebia will provide to Licensee, and the Parties will review and discuss, a budget of the costs and expenses to be incurred by or on behalf of Akebia in connection with any Akebia Defense Action in the Territory initiated on or after the Effective Date, and Licensee will be responsible for [**] costs and expenses, including attorneys’ fees, expert fees, court fees, and translation costs, incurred by either Party in connection with any Akebia Defense Action related to an Akebia Patent Right initiated on or after the Effective Date (a “Licensee Cost Defense Action”), including any appeals related to such Licensee Cost Defense Action. Licensee will reimburse Akebia for [**] costs and expenses related to any such Licensee Cost Defense Action initiated on or after the Effective Date no later than [**] of receipt of an invoice therefor from Akebia.