Common use of Costs of Prosecution and Maintenance Clause in Contracts

Costs of Prosecution and Maintenance. Celgene shall bear all of the costs and expenses of Prosecution and Maintenance of the Jounce Co-Co Collaboration Patents in the ROW Territory. For Prosecution and Maintenance of the Jounce Co-Co Collaboration Patents in the US, all costs and expenses shall, prior to the delivery of a Jounce Opt-Out Notice in accordance with Section 4.4, be allocated [***] to Jounce and [***] to Celgene for the ICOS Activator Program and shared equally for the First Other Program, and after the delivery of a Jounce Opt-Out Notice in accordance with Section 4.4, shall be borne in their entirety by Celgene.

Costs of Prosecution and Maintenance. Celgene shall bear all of the costs and expenses of Prosecution and Maintenance of the Jounce Celgene Co-Co Collaboration Patents in the ROW Territory. For Prosecution and Maintenance of the Jounce Celgene Co-Co Collaboration Patents in the US, all costs and expenses shall, prior to the delivery of a Jounce Opt-Out Notice in accordance with Section 4.4, be allocated [***] to Jounce Celgene and [***] to Celgene Jounce for the ICOS Activator Lead Program and shared equally for the First second or any subsequent Other Program, and after the delivery of a Jounce Opt-Out Notice in accordance with Section 4.4, shall be borne in their entirety by Celgene.