Incremental profit definition
Incremental profit shall be computed by subtracting from LICENSEE's average selling price for comparable products only its direct material and labor costs. In the event LICENSEE and LICENSOR do not consent within a reasonable time, in writing, to initiate an infringement proceeding, the party who has failed to receive consent from the other party shall have the option to initiate and control such infringement proceedings. The lawsuit-initiating party shall have the right to join the other party, if necessary, which other party shall fully cooperate at no out-of-pocket expense to itself other than the cost of its own attorney if it elects to retain one. Any award as a result of settlement and/or disposition of such action shall be granted solely to the lawsuit-initiating party.