Control and Costs Sample Clauses

Control and Costs. With regard to any Invalidation Proceeding, ▇▇▇▇▇▇ will be responsible for preparing, filing, pursuing, and controlling such Invalidation Proceeding and the counsel of its own choosing, including the right to control the strategy, choice of venue, type of proceeding, timing (subject to Section 6.7.4(a) (Initiation)), any appeals, and other material factors related to such Invalidation Proceeding. In addition, the Parties will reasonably assist each other and cooperate and share information with respect to such Invalidation Proceedings, including any appeals thereof. For Invalidation Proceedings initiated prior to the Effective Date, 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 Invalidation Proceeding, including any appeals related to such Invalidation Proceeding. 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 Invalidation Proceeding initiated on or after the Effective Date, and Licensee will be responsible for [**] costs and expenses incurred by or on behalf of Akebia in connection with any Invalidation Proceeding initiated on or after the Effective Date, including attorneys’ fees, expert fees, court fees, and translation costs, incurred by either Party in connection with any Invalidation Proceeding initiated on or after the Effective Date, including any appeals related to such Invalidation Proceeding. Licensee will reimburse Akebia for [**] costs and expenses related to any such Invalidation Proceeding initiated on or after the Effective Date no later than [**] of receipt of an invoice therefor from Akebia.