Allocation of Recoveries. Except as otherwise expressly provided herein, the costs and expenses of the Enforcing Party under Section 7.3.2(b) shall be borne by such Enforcing Party, and any damages, settlements or other monetary awards recovered shall be shared as follows: (1) the amount of such recovery actually received by the Enforcing Party shall first be applied on a pro-rata basis to the out-of-pocket costs of each Party in connection with such action; and then (2) [***].
Appears in 2 contracts
Samples: Research Collaboration and License Agreement (Neumora Therapeutics, Inc.), Research Collaboration and License Agreement (Neumora Therapeutics, Inc.)
Allocation of Recoveries. Except as otherwise expressly provided herein, the costs and expenses of the Enforcing Party bringing suit under this Section 7.3.2(b) 8.7 shall be borne by such Enforcing Party, and any damages, settlements or other monetary awards recovered shall be shared as follows: (1) the amount of such recovery actually received by the Enforcing Party shall first be applied on a pro-rata basis to the out-of-pocket costs of each Party in connection with such action; and then (2) [***].
Appears in 2 contracts
Samples: Collaboration and License Agreement (CytomX Therapeutics, Inc.), Collaboration and License Agreement (CytomX Therapeutics, Inc.)
Allocation of Recoveries. Except as otherwise expressly provided herein, the costs and expenses of the Enforcing Party bringing suit under this Section 7.3.2(b8.7 (Enforcement) shall be borne by such Enforcing Party[***], and any damages, settlements or other monetary awards recovered shall be shared as follows: (1) the amount of such recovery actually received by the Enforcing Party shall first be applied on a pro-rata basis to the out-of-pocket costs of each Party in connection with such action; and then (2) [***].
Appears in 1 contract
Samples: Collaboration and License Agreement (CytomX Therapeutics, Inc.)
Allocation of Recoveries. Except as otherwise expressly provided herein, the costs and expenses Costs of the Enforcing Party bringing suit under this Section 7.3.2(b) 9.7 shall be borne by such Enforcing Party, and any damages, settlements or other monetary awards recovered shall be shared as follows: (1a) the amount of such recovery actually received by the Enforcing Party shall first be applied on a pro-rata basis to the out-of-pocket costs of each Party in connection with such action; and then (2) [***].
Appears in 1 contract
Samples: Collaboration and License Agreement (Mereo Biopharma Group PLC)
Allocation of Recoveries. Except as otherwise expressly provided herein, the costs and expenses of the Enforcing Party bringing suit under this Section 7.3.2(b) 8.7 shall be borne by such Enforcing Party, and any damages, settlements or other monetary awards recovered shall be shared as follows: (1) the amount of such recovery actually received by the Enforcing Party shall first be applied on a pro-rata basis to the out-of-pocket costs of each Party in connection with such action[***]; and then (2) [***].:
Appears in 1 contract
Samples: Collaboration and License Agreement (Aerie Pharmaceuticals Inc)
