The Party initiating suit shall have the sole and exclusive right to select counsel for any suit initiated by it pursuant to Section 7.3.2, Section 7.3.3 or Section 7.3.4, but with regards to Section 7.3.2 Novartis will consider in good faith any comments on the choice of counsel received from Spark. If required under applicable Law in order for the initiating Party to initiate or maintain such suit, the other Party shall join as a party to the suit. Such other Party shall offer reasonable assistance to the initiating Party in connection therewith at no charge to the initiating Party except for reimbursement of reasonable out-of-pocket expenses incurred in rendering such assistance. The initiating Party shall assume and pay all of its own out-of-pocket costs incurred in connection with any litigation or proceedings initiated by it pursuant to Section 7.3.2, Section 7.3.3 and Section 7.3.4, including the fees and expenses of the counsel selected by it, unless Spark elects to contribute [**] percent ([**]%) of the costs in accordance with Section 7.3.2. The other Party shall have the right to participate and be represented in any such suit by its own counsel at its own expense.