Awards. If either PARTY brings an action for infringement or misappropriation by a THIRD PARTY under this Section 11.2.3, any damages or other monetary awards or payments in settlement recovered by such PARTY shall be applied first to defray the costs and expenses incurred by both PARTIES in the action. Any remainder shall be [*] of any amount thereafter shall be retained by the PARTY bringing the action, and the balance retained by the other PARTY.
Appears in 4 contracts
Samples: Development and License Agreement (Eagle Pharmaceuticals, Inc.), Development and License Agreement (Eagle Pharmaceuticals, Inc.), Development and License Agreement (Eagle Pharmaceuticals, Inc.)
Awards. If either PARTY brings an action for infringement or misappropriation by a THIRD PARTY under this Section 11.2.3, 17.2.2 any damages or other monetary awards or payments in settlement recovered by such PARTY shall be applied first to defray the costs and expenses incurred by both PARTIES in the action. Any remainder shall be shared by the PARTIES as follows: [*] of any amount thereafter shall be retained by **], when the PARTY bringing the action, action for infringement or misappropriation relates to a COMMERCIAL PRODUCT; and the balance retained by the other PARTY[***].
Appears in 3 contracts
Samples: Exclusive Research, Development, License and Manufacturing and Supply Agreement, Exclusive Research, Development, License and Manufacturing and Supply Agreement (Nektar Therapeutics), Exclusive Research, Development, License and Manufacturing and Supply Agreement (Nektar Therapeutics)
Awards. If either PARTY brings an action for infringement or misappropriation by a THIRD PARTY under this Section 11.2.3, any damages or other monetary awards or payments in settlement recovered by such PARTY shall be applied first to defray the costs and expenses incurred by both PARTIES in the action. Any remainder shall be [*] by the PARTIES as [*] of any amount thereafter shall be retained by the PARTY bringing the action, and the balance retained by the other PARTY.
Appears in 2 contracts
Samples: Development and License Agreement (Eagle Pharmaceuticals, Inc.), Development and License Agreement (Eagle Pharmaceuticals, Inc.)
Awards. If either PARTY brings an action for infringement or misappropriation by a THIRD PARTY under this Section 11.2.3, 17.2.3 any damages or other monetary awards or payments in settlement recovered by such PARTY shall be applied first to defray the costs and expenses incurred by both PARTIES in the action. Any remainder shall be shared by the PARTIES as follows: [*] of any amount thereafter shall be retained by the PARTY bringing the action, and the balance retained by the other PARTY**].
Appears in 2 contracts
Samples: Exclusive Research, Development, License and Manufacturing and Supply Agreement (Nektar Therapeutics), Exclusive Research, Development, License and Manufacturing and Supply Agreement (Nektar Therapeutics)
Awards. If either PARTY brings an action for infringement or misappropriation by a THIRD PARTY under this Section 11.2.3, any damages or other monetary awards or payments in settlement recovered by such PARTY shall be applied first to defray the costs and expenses incurred by both PARTIES in the action. Any remainder shall be shared by the PARTIES as [*] of any amount thereafter shall be retained by the PARTY bringing the action, and the balance retained by the other PARTY.
Appears in 2 contracts
Samples: Development and License Agreement (Eagle Pharmaceuticals, Inc.), Development and License Agreement (Eagle Pharmaceuticals, Inc.)
Awards. If either PARTY brings an action for infringement or misappropriation by a THIRD PARTY under this Section 11.2.311.2.2, any damages or other monetary awards or payments in settlement recovered by such PARTY shall be applied first to defray the costs and expenses incurred by both PARTIES in the action. Any remainder shall be shared by the PARTIES [*] of any amount thereafter shall be retained by the PARTY bringing the action, and the balance retained by the other PARTY.
Appears in 2 contracts
Samples: Development and License Agreement (Eagle Pharmaceuticals, Inc.), Development and License Agreement (Eagle Pharmaceuticals, Inc.)
Awards. If either PARTY brings an action for infringement or misappropriation by a THIRD PARTY under this Section 11.2.311.2.2, any damages or other monetary awards or payments in settlement recovered by such PARTY shall be applied first to defray the costs and expenses incurred by both PARTIES in the action. Any remainder shall be [*] of any amount thereafter shall be retained by the PARTY bringing the action, and the balance retained by the other PARTY.
Appears in 2 contracts
Samples: Development and License Agreement (Eagle Pharmaceuticals, Inc.), Development and License Agreement (Eagle Pharmaceuticals, Inc.)
Awards. If either PARTY brings an action for infringement or misappropriation by a THIRD PARTY under this Section 11.2.311.2.2, any damages or other monetary awards or payments in settlement recovered by such PARTY shall be applied first to defray the costs and expenses incurred by both PARTIES in the action. Any remainder shall be [*] of any amount thereafter shall be retained by the PARTY bringing the action, and the balance retained by the other PARTY.
Appears in 2 contracts
Samples: Development and License Agreement (Eagle Pharmaceuticals, Inc.), Development and License Agreement (Eagle Pharmaceuticals, Inc.)
Awards. If either PARTY brings an action for infringement or misappropriation by a THIRD PARTY under this Section 11.2.311.2.2, any damages or other monetary awards or payments in settlement recovered by such PARTY shall be applied first to defray the costs and expenses incurred by both PARTIES in the action. Any remainder shall be [*] by the PARTIES [*] of any amount thereafter shall be retained by the PARTY bringing the action, and the balance retained by the other PARTY.
Appears in 2 contracts
Samples: Development and License Agreement (Eagle Pharmaceuticals, Inc.), Development and License Agreement (Eagle Pharmaceuticals, Inc.)
Awards. If either PARTY brings an action for infringement or misappropriation by a THIRD PARTY under this Section 11.2.3, 14.2.2 any damages or other monetary awards or payments in settlement recovered by such PARTY shall be applied first to defray the costs and arid expenses incurred by both PARTIES in the actionaction (including attorneys fees and expert fees). Any remainder shall be [*] shared by the PARTIES as follows: seventy-five percent (75%) of any amount thereafter such remainder shall be retained by the PARTY bringing the action, XXXXXX and the balance twenty-five percent (25%) of such remainder shall be retained by the other PARTYLIPOXEN.
Appears in 1 contract
Samples: Exclusive Research, Development and License Agreement (Xenetic Biosciences, Inc.)