Common use of Allocation of Recovery Clause in Contracts

Allocation of Recovery. Any damages, settlements or other recovery from an infringement action undertaken by Licensee pursuant to Section 8.6.1 shall first be used to reimburse the parties for the costs and expenses incurred in such action, and shall thereafter be allocated between the parties as follows: (i) [***] to TSRI, (ii) and [***] to Licensee. If Licensee fails to prosecute any such action to completion or if TSRI prosecutes any such action, then any damages, settlements, or other recovery, net of the parties’ costs and expenses incurred in such infringement action shall [***].

Allocation of Recovery. Any damages, settlements or other recovery from an infringement action undertaken by Licensee pursuant to Section 8.6.1 6.5.1 shall first be used to reimburse the parties for the costs fees and expenses incurred in such action, and shall thereafter be allocated between and paid to the parties as follows: (i) [***] to TSRI, (ii) and [***] to Licensee]. If Licensee fails to prosecute any such action or fails to completion or if prosecute such action to completion, and TSRI instead prosecutes any such action, then any damages, settlements, damages or other recovery, recoveries net of the parties’ costs fees and expenses incurred in such infringement action shall [***].

Allocation of Recovery. Any damages, settlements damages or other recovery from an infringement action undertaken by Licensee pursuant to Section 8.6.1 shall first be used to reimburse the parties for the costs and expenses incurred in such action, and any remaining amounts after such reimbursement shall thereafter be allocated between the parties as follows: (i) […***] to TSRI, (ii) and [***] to Licensee…]. If Licensee fails to prosecute any such action or fails to prosecute such action to completion or if and TSRI instead prosecutes any such action, then any damages, settlements, damages or other recovery, recovery net of the parties’ costs and expenses incurred in such infringement action shall be […***…].

Allocation of Recovery. Any damages, settlements or other recovery from an infringement action undertaken by Licensee pursuant to Section 8.6.1 shall first be used to reimburse the parties for the costs and expenses incurred in such action, and shall thereafter be allocated between the parties as follows: (i) [***] to TSRI, (ii) and and[***] to Licensee. If Licensee fails to prosecute any such action to completion or if TSRI prosecutes any such action, then any damages, settlements, or other recovery, net of the parties’ costs and expenses incurred in such infringement action shall [***].

Allocation of Recovery. Any damages, settlements or other recovery from an infringement action undertaken by Licensee pursuant to Section 8.6.1 shall first be used to reimburse the parties for the costs and expenses incurred in such action, and shall thereafter be allocated between the parties as follows: (ia) [***] to TSRI, TSRI and (iib) and [***] to Licensee. If Licensee fails to prosecute any such action (at all or to completion or if completion) and TSRI prosecutes any elects to prosecute such action, then any damages, settlements, or other recovery, net of the parties’ costs and expenses incurred in such infringement action action, shall [***].