definiens: as defined in Section 4.3 . No ex - parte communication with the Neutral shall be allowed without the consent of the other Party . The J\'eutral may fo11O\v such procedures as he or she desires, provided that the Neutral shall decide the issue in favor of one Party within thirty ( 30 ) days of C··DJCUmenl, .ne Sel1Lng ., ... c~6··.Loc .l Soning .,\Toterr.et J'jlc,\(lJ .KAf\l [, \·440H':;-vI2·ACRX _ Vivu, Te, t,,,e [ . ; Ay, r. DOC ( 1'\4~ ( ' ( ' ) 440763 v 12iHl\ 9G3Fl2!.DOC Xl submission of the statements . lfthc Neutral determines that the subject patent license is, then [COMPANY] shall be entitled to credit royalties as provided in Section 4.3, and otherwise no credit shall be permitted ( except as may otherwise be agrecd by the Parties in writing ) . The Parties shall equally share the costs associated with the Neutral 's activities under this Section 15.11 . Each Party shall cooperate to allow the Neutral to complete his / her obligations under this Section . IfVivus has in fact taken a license for the Product, the license shall be considered necessary unless otherwise established in such proceeding