Allocation of Recovery. Any damages, settlements, or other recovery from an infringement action undertaken by Licensee pursuant to Section 3.6.1 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 on the same basis as Net Sales of Licensed Products and shall not be deemed to be Sublicense Revenues.
Appears in 4 contracts
Samples: License Agreement (Optimer Pharmaceuticals Inc), License Agreement (Optimer Pharmaceuticals Inc), License Agreement (Optimer Pharmaceuticals Inc)