Allocation of Costs of Enforcement Sample Clauses

Allocation of Costs of Enforcement. All costs and expenses (including attorneys’ fees and expenses) incurred by Seller in connection with any enforcement of the Licensee’s obligations under the License Agreement in respect of any breach referred to in Section 6.6(a) shall be borne (as such costs and expenses are incurred) by the Royalty Parties in proportion to their respective Percentage Interests (taking into account any variation in such respective Percentage Interests over different time periods, if applicable) and Purchaser shall promptly upon request reimburse Seller for Purchaser’s respective Percentage Interest of such costs and expenses. The Royalty Parties shall fund any retainers or advances required by the lead counsel selected pursuant to Section 6.6(b)(ii) for such enforcement (and that are incurred by Seller) in proportion to their respective Percentage Interests (taking into account any variation in such respective Percentage Interests over different time periods, if applicable) (such amounts to be credited or deducted from the actual amounts owed by the Royalty Parties under the immediately preceding sentence), and Purchaser shall promptly upon request reimburse Seller for Purchaser’s respective Percentage Interest of such retainers and advances. Nothing contained herein shall limit any Royalty Party from retaining, at its sole cost, separate outside counsel who shall be permitted, where reasonably practicable, to consult with the lead counsel selected pursuant to Section 6.6(b)(ii) for such enforcement.
Sample 1
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Allocation of Costs of Enforcement. All costs and expenses (including attorneys’ fees and expenses) (i) reasonably incurred by Seller in connection with any enforcement of any of the Listed Patents by Seller pursuant to this Section 6.13 and Section 10.2.1(a)(ii) or 10.2.1(a)(iii) of the License Agreement (other than any such costs and expenses of Seller that are satisfied out of the Proceeds of such enforcement) and (ii) incurred by Seller in connection with any enforcement of any of the Listed Patents by the Licensee pursuant to Section 10.2.1(a)(ii) or 10.2.1(a)(iii) of the License Agreement (and the last sentence of Section 10.2.1(a)(vi) of the License Agreement) (other than any such costs and expenses of Seller that are satisfied out of the Proceeds of such enforcement or with respect to which Seller has been fully reimbursed by the Licensee pursuant to the last sentence of Section 10.2.1(a)(vi) of the License Agreement) shall be borne (as such costs and expenses are incurred) by the Royalty Parties in proportion to their respective Percentage Interests (taking into account any variation in such respective Percentage Interests over different time periods, if applicable), and Purchaser shall promptly upon request reimburse Seller for Purchaser’s respective Percentage Interest of such costs and expenses. The Royalty Parties shall fund any retainers or advances required by the lead counsel selected pursuant to the last sentence of Section 6.13(b) for such enforcement (and that are incurred by Seller) in proportion to their respective Percentage Interests (taking into account any variation in such respective Percentage Interests over different time periods, if applicable) (such amounts to be credited or deducted from the actual amounts owed by the Royalty Parties under the immediately preceding sentence), and Purchaser shall promptly upon request reimburse Seller for Purchaser’s respective Percentage Interest of such retainers and advances. With respect to any enforcement by Seller pursuant to Section 6.13(b), nothing contained herein shall limit any Royalty Party from retaining, at its sole cost, separate outside counsel who shall be permitted, where reasonably practicable, to consult with the lead counsel selected pursuant to the last sentence of Section 6.13(b) for such enforcement.
Sample 1
Allocation of Costs of Enforcement. All costs and expenses (including attorneys’ fees and expenses) incurred by Seller in connection with any enforcement of the Licensee’s obligations under the License Agreement in respect of any breach referred to in Section 6.6(a) shall be borne by Seller and Purchaser (as such costs and expenses are incurred) in proportion to their respective interests in the Receivables (taking into account any variation in such interests over different time periods, if applicable), including any retainers or advances required by the lead counsel selected pursuant to Section 6.6(b)(ii) for such enforcement (and that are incurred by Seller). Nothing contained herein shall limit Purchaser from retaining, at its sole cost, separate outside counsel who shall be permitted, where reasonably practicable, to consult with the lead counsel selected pursuant to Section 6.6(b)(ii) for such enforcement.
Sample 1
Allocation of Costs of Enforcement. All costs and expenses (including attorneys’ fees and expenses) incurred by Seller in connection with any enforcement of any of the Listed Patents in respect of a Competitive Infringement shall be borne by Seller and Purchaser in proportion to their respective interests in the Receivables (taking into account any variation in such interests over different time periods, if applicable). Purchaser shall fund any retainers or advances required by the counsel employed by Seller for such enforcement (such amounts to be credited or deducted from the actual amounts owed by Seller and Purchaser under the immediately preceding sentence). Nothing contained herein shall limit Purchaser from retaining, at its sole cost, separate outside counsel who shall be permitted, where reasonably practicable, to consult with the lead counsel selected pursuant to Section 6.14(b) for such enforcement.
Sample 1
Allocation of Costs of Enforcement. All costs and expenses (including attorneys' fees and expenses) of any enforcement pursuant to Section 5.9(b) undertaken at Buyer's request shall be borne by Buyer. All costs and expenses (including attorneys' fees and expenses) of any enforcement pursuant to Section 5.9(d) undertaken at Xxxxxxx'x request shall be borne by Perrigo. Nothing in this Section 5.9 shall diminish or qualify either Party's obligations under Section 8.1 or Section 8.2, as applicable.
Sample 1

Related to Allocation of Costs of Enforcement

  • Costs of Enforcement If any party to this Agreement seeks to enforce its rights under this Agreement by legal proceedings, the non-prevailing party shall pay all costs and expenses incurred by the prevailing party, including, without limitation, all reasonable attorneys’ fees.

  • Expenses of Enforcement The Company shall pay all fees and expenses (including reasonable fees and expenses of counsel and other professionals) incurred by the Subscriber or any successor holder of Securities in enforcing any of its rights and remedies under this Subscription Agreement.

  • Expenses of Enforcement, Etc The Guarantors agree to reimburse the Administrative Agent and the other Holders of Guaranteed Obligations for any reasonable costs and out-of-pocket expenses (including attorneys’ fees) paid or incurred by the Administrative Agent or any other Holder of Guaranteed Obligations in connection with the collection and enforcement of amounts due under the Loan Documents, including without limitation this Guaranty.

  • Allocation of Costs The Fund shall pay the cost of composition and printing of sufficient copies of its Prospectus and SAI as shall be required for periodic distribution to its shareholders and the expense of registering Shares for sale under federal securities laws. You shall pay the expenses normally attributable to the sale of Shares, other than as paid under the Fund's Distribution Plan under Rule 12b-1 of the 1940 Act, including the cost of printing and mailing of the Prospectus (other than those furnished to existing shareholders) and any sales literature used by you in the public sale of the Shares and for registering such shares under state blue sky laws pursuant to paragraph 8.

  • Allocation of Costs and Expenses The Company shall bear all costs and expenses for the administration of its business and shall reimburse the Advisor for any such costs and expenses that have been paid by the Advisor, or by any affiliate thereof, on behalf of the Company on the terms and conditions set forth in Section 6. These costs and expenses shall include, but not be limited to:

  • Taxes Expenses of Enforcement Etc All payments required to be made by any of the Guarantors hereunder shall be made without setoff or counterclaim and free and clear of and without deduction or withholding for or on account of, any present or future taxes, levies, imposts, duties or other charges of whatsoever nature imposed by any government or any political or taxing authority thereof; provided, however, that if any of the Guarantors is required by law to make such deduction or withholding, such Guarantor shall forthwith pay to the Administrative Agent or any Lender, as applicable, such additional amount as results in the net amount received by the Administrative Agent or any Lender, as applicable, equaling the full amount which would have been received by the Administrative Agent or any Lender, as applicable, had no such deduction or withholding been made. The Guarantors also agree to reimburse the Administrative Agent and the Lenders for any reasonable costs and out-of-pocket expenses (including reasonable attorneys’ fees) paid or incurred by the Administrative Agent or any Lender in connection with the collection and enforcement of amounts due under the Loan Documents, including without limitation this Guarantee.

  • Attorneys’ Fees and Costs of Collection Guarantor shall pay on demand all attorneys' fees and all other costs and expenses incurred by Lender in the enforcement of or preservation of Lender's rights under this Guaranty including, without limitation, all reasonable attorneys' fees and expenses, investigation costs, and all court costs, whether or not suit is filed herein, or whether at maturity or by acceleration, or whether before or after maturity, or whether in connection with bankruptcy, insolvency or appeal, or whether in connection with the collection and enforcement of this Guaranty against any other Guarantor, if there be more than one. Guarantor agrees to pay interest on any expenses or other sums due to Lender under this Section 10 that are not paid when due, at a rate per annum equal to the interest rate provided for in the Note. Guarantor's obligations and liabilities under this Section 10 shall survive any payment or discharge in full of the Guaranteed Obligations.

  • Additional Advances and Disbursements; Costs of Enforcement If any Event of Default exists, Mortgagee and each of the Lenders shall have the right, but not the obligation, to cure such Event of Default in the name and on behalf of Mortgagor in accordance with the Credit Agreement. All sums advanced and expenses incurred at any time by Mortgagee or any Lender under this Section, or otherwise under this Mortgage or any of the other Credit Documents or applicable law, shall bear interest from the date that such sum is advanced or expense incurred if not repaid within five (5) days after demand therefor, to and including the date of reimbursement, computed at the rate or rates at which interest is then computed on the Indebtedness, and all such sums, together with interest thereon, shall be secured by this Mortgage. Mortgagor shall pay all expenses (including reasonable attorneys’ fees and expenses) of or incidental to the perfection and enforcement of this Mortgage and the other Credit Documents, or the enforcement, compromise or settlement of the Indebtedness or any claim under this Mortgage and the other Credit Documents, and for the curing thereof, or for defending or asserting the rights and claims of Mortgagee or the Lenders in respect thereof, by litigation or otherwise.

  • Rights of Enforcement The Agent shall have all of the rights and remedies of a secured party upon default under the UCC, in addition to which the Agent shall have all and each of the following rights and remedies:

  • Cost of Enforcement In the event (a) that the Mortgage is foreclosed in whole or in part, (b) of the bankruptcy, insolvency, rehabilitation or other similar proceeding in respect of Borrower or any of its constituent Persons or an assignment by Borrower or any of its constituent Persons for the benefit of its creditors, or (c) Lender exercises any of its other remedies under this Agreement or any of the other Loan Documents, Borrower shall be chargeable with and agrees to pay all costs of collection and defense, including attorneys’ fees and costs, incurred by Lender or Borrower in connection therewith and in connection with any appellate proceeding or post-judgment action involved therein, together with all required service or use taxes.

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