If the Evaluation is accepted by the Claimant and DePuy, the Claimant shall be entitled to High Court party and party costs in respect of the Claimant’s legal proceedings and in respect of the Evaluation, to be taxed by the High Court Taxing Master in accordance with the Rules of the Superior Courts, in default of agreement.

Where the Evaluation is not accepted by a Claimant or by DePuy and where the Claimant is subsequently awarded party and party costs in the litigation, or if as part of a subsequent settlement DePuy agrees that the Claimant shall recover High Court party and party costs, those costs shall include the Claimant’s party and party costs in respect of the Evaluation, to be taxed by the High Court Taxing master in accordance with the Rules of the Superior Courts, in default of agreement.