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.
いずれかの当事者がセクション7.2に従って訴訟を起こしたい場合、その当事者は発生した費用と出費全てを自身で負担するものとする。ただし、訴訟を起こしていない方の当事者は、その訴訟の目的から自社の名前を訴訟人として出すこと(単独で又は共同で)が妥当に必要な場合は名前を出すことに合意する。訴訟を起こしていない方の当事者は訴訟を起こす当事者に対してその訴訟についてできる限り協力するよう努力するものとし、訴訟の協力を求める側の当事者の妥当な要求により生じた妥当な費用は自身で負担するものとする。
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.
7.4 Reovery.
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.