Common use of Allocation of Recoveries Clause in Contracts

Allocation of Recoveries. Any recoveries resulting from enforcement action relating to a claim of Infringement shall be first applied against payment of each Party’s costs and expenses in connection therewith. The enforcing Party will retain any such recoveries in excess of such costs and expenses, provided that if Lilly is the enforcing Party, then such excess recoveries are deemed [* * *].

Allocation of Recoveries. Any recoveries resulting from an enforcement action relating to a claim of Infringement shall be first applied against payment of each Party’s costs and expenses in connection therewith. The enforcing Party will retain any such recoveries in excess of such costs and expenses; provided, provided that if Lilly Lxxxx is the enforcing PartyParty with respect to patents within the ProQR Technology that cover a Compound or Product, then such excess recoveries are deemed shall be [* * ***].

Allocation of Recoveries. Any recoveries resulting from an enforcement action relating to a claim of Infringement shall be first applied against payment of each Party’s costs and expenses in connection therewith. The enforcing Party will retain any such recoveries in excess of such costs and expenses; provided, provided that if Lilly is the enforcing PartyParty with respect to patents within the ProQR Technology that cover a Compound or Product, then such excess recoveries are deemed shall be [* * ***].

Allocation of Recoveries. Any recoveries resulting from an enforcement action relating to a claim of Infringement shall be first paid, to the extent such recoveries are allocable to [***], and then applied against payment of each Party’s costs and expenses in connection therewith. The Any remaining recoveries will then be allocated [***] to the enforcing Party will retain any such recoveries in excess of such costs and expenses, provided that if Lilly is [***] to the non-enforcing Party, then such excess recoveries are deemed [* * *].