7.3 Control of Suit; Joinder; Expenses.
If either party wishes to commence a lawsuit to in accordance with Section 7.2, it shall bear all costs and expenses incurred by it in connection with such lawsuit, provided, however, that the non-suing party agrees to allow itself to be named as a party (individually or jointly) if reasonably necessary for jurisdictional purposes. The non-suing party shall use its best efforts to cooperate with the suing party in connection with such lawsuit and shall be responsible for the costs and expenses incurred by it and for those costs and expenses incurred by it at the reasonable request of the suing party with respect to such cooperation.
The non-suing party may not settle or enter into a consent judgment or other voluntary final disposition of any lawsuit relating to the Licensed Materials, the Other Enhancements, the JX Enhancements, GW’s, AMP’s, or JX's intellectual property rights in the Licensed Materials, Other Enhancements or JX Enhancements, and/or either party's ability to exercise its rights or perform its obligations under this Agreement to which it is a party without the prior written consent of the other party.
The party bearing the costs associated with any lawsuit under this Article 7 shall be entitled to any recovery received as a result of such lawsuit. In the event the parties jointly contribute to the cost of the lawsuit, then in the event of a monetary recovery, the costs will be paid first, and any remaining recovery will be split between the parties pro-rata based on their contributions to the suit.