Common use of Allocation of Recovery Clause in Contracts

Allocation of Recovery. Except as otherwise agreed by the parties in writing as part of a cost-sharing arrangement, any damages, settlements or other recovery obtained as a result of any infringement action pursuant to Section 8.6.1, shall first be used to reimburse the party that brought such action for the costs and expenses incurred by it in such action, and then to reimburse the costs and expenses incurred by the other party in such action. If, after such reimbursement of litigation expenses, any funds remain from such recovery, such funds (the “Remainder”) shall belong to the party that brought such action pursuant to Section 8.6.1; provided, however, that if Licensee was the party that brought such action:

Allocation of Recovery. Except as otherwise agreed by the parties in writing as part of a cost-sharing arrangement, any damages, settlements or other recovery obtained as a result of any infringement action pursuant to Section 8.6.1, shall first be used to reimburse the party that brought such action for the costs and expenses incurred by it in such action, and then to reimburse the costs and expenses incurred by the other party in such action. If, after such reimbursement of litigation expenses, any funds remain from such recovery, such funds (the “Remainder”) shall belong to the party that brought such action pursuant to Section 8.6.1; provided, however, that if Licensee was the party that brought such action:***.

Allocation of Recovery. Except as otherwise agreed by the parties in writing Parties as part of a cost-sharing arrangement, any damages, settlements damages or other recovery obtained as a result of any from an infringement action or proceeding undertaken by either Party pursuant to Section 8.6.16.2(b) or Section 6.2(c), shall first be used to reimburse the party that brought such action Parties for the costs and expenses incurred by it in such actionaction or proceeding, and then to reimburse the costs and expenses incurred by the other party in such action. If, any remainder after such reimbursement of litigation expenses, any funds remain from such recovery, such funds (shall be retained by the “Remainder”) shall belong to the party Party that brought and controlled such action pursuant to Section 8.6.1; providedor proceeding for purposes of this Agreement, however, that if Licensee was the party that brought such actionexcept that: