definiens: shall mean the actual expenditure of expenses and shall not include any consulting fee o r fees for reasonable time spent by CRT rendering assistance pursuant to this provision . To the exten t that in any proceedings the court of competent jurisdiction does not award damages to Genesis Biop harma in respect of lost royalties, any damages or financial settlement monies received by Genesis Bio pharma pursuant to such proceedings shall, after deduction of any and all of the costs and expenses incurred by Genesis Biopharma in such proceedings ( to the extent such costs and expenses have not bee n recovered from the other Party ), be treated as Ne t Sales . If Genesis Biopharma, for any reason whatsoe ver, decides not to defend or enforce the Licensed Intellectual Property in the Field or any part of i t pursuant to this Clause 7.4, it shall promptly no tify CRT and CRT shall have the right to undertake proceedings o n its own behalf pursuant to Clause 7.5