Allocation of Awards. Unless otherwise agreed to by the Parties as part of any cost-sharing arrangement, any recoveries resulting from an action under this Section 8.3 relating to a claim of Third Party Infringement with respect to Xxxxxxx Patent Rights (after payment of costs and expenses relating to such action incurred by each Party) will be […***…]; provided, however, that, if Company brought and controlled such action, […***…].
Appears in 2 contracts
Samples: License Agreement (Kura Oncology, Inc.), License Agreement (Kura Oncology, Inc.)
Allocation of Awards. Unless otherwise agreed to by the Parties as part of any cost-sharing arrangement, any recoveries resulting from an action under this Section 8.3 relating to a claim of Third Party Infringement with respect to Xxxxxxx Patent Rights (after payment of costs and expenses relating to such action incurred by each Party) will be […***…retained by [ * ]; provided, however, that, if Company brought any portion of such recovery (after payment of each Party’s costs and controlled expenses related to such action) is attributable to [ * ], […***…][ * ] shall pay to [ * ] an amount equal to [ * ] under this Agreement.
Appears in 1 contract
Samples: License Agreement (Celladon Corp)
Allocation of Awards. Unless otherwise agreed to by the Parties as part of any cost-sharing arrangement, any recoveries resulting from an action under this Section 8.3 relating to a claim of Third Party Infringement with respect to Xxxxxxx Patent Rights (after payment of costs and expenses relating to such action incurred by each Party) will be […***…]; provided, however, that, if Company brought and controlled such action, […***…].
Appears in 1 contract
