Costs and Awards. Each Party shall bear its own attorneys’ fees, costs, and disbursements arising out of the arbitration, and shall pay an equal share of the fees and costs of the arbitrators; provided, however, that the arbitrators shall be authorized to determine whether a party is the prevailing party, and if so, to award to that prevailing party reimbursement for its reasonable attorneys’ fees, costs and disbursements (including, for example, expert witness fees and expenses, photocopy charges and travel expenses), and/or the fees and costs of the arbitrators. Absent the filing of an application to correct or vacate the arbitration award (if permitted by AAA rules), each Party shall fully perform and satisfy the arbitration award within fifteen (15) days of the service of the award.
Costs and Awards. The party which is not in control of any action brought pursuant to Section 8.3(b) or (c) may elect to contribute fifty percent (50%) of the costs of litigation against such third party infringer, by providing written notice to the controlling party within ninety (90) days after such action is first brought. If the non-controlling party elects to bear fifty percent (50%) of such litigation costs, it shall receive fifty percent (50%) of any damage award or settlement resulting from such action. If the non-controlling party does not elect to share such litigation costs, it shall not participate in any damage award or settlement resulting from such action.
Costs and Awards. Each party shall bear its own attorneys’ fees, costs, and disbursements arising out of the arbitration, and shall pay an equal share of the fees and costs of the arbitrators; provided, however, that the arbitrators shall be authorized to determine whether a party is the prevailing party, and if so, to award to that prevailing party reimbursement for its reasonable attorneys’ fees, costs and disbursements (including, for example, expert witness fees and expenses, photocopy charges, travel expenses, etc.), and/or the fees and costs of the arbitrator. Absent the filing of an application to correct or vacate the arbitration award under California Code of Civil Procedure Sections 1285 through 1288.8, each party shall fully perform and satisfy the arbitration award within fifteen (15) days of the service of the award.
Costs and Awards. Each Party shall bear its own attorneys’ fees, costs, and disbursements arising out of the arbitration, and shall pay an equal share of the fees and costs of the arbitrators; provided, however, the arbitrators shall be authorized to determine whether a Party is the prevailing Party, and if so, to award to that prevailing Party reimbursement for its reasonable attorneys’ fees, costs and disbursements (including, for example, expert witness fees and expenses, photocopy charges, travel expenses, etc.), and/or the fees and costs of the arbitrators. Absent the filing of an application to correct or vacate the arbitration award under California Code of Civil Procedure Sections 1285 through 1288.8, each Party shall fully perform and satisfy the arbitration award within fifteen (15) days of the service of the award. Judgment upon the award rendered by the panel shall be final and nonappealable and may be entered in any court having jurisdiction thereof.
Costs and Awards. Any recovery obtained by either or both Gilead and Achillion in connection with or as a result of any action contemplated by this Section 9.4, whether by settlement or otherwise, shall be shared in order as follows:
(i) The Party which initiated and prosecuted the action shall recoup all of its costs and expenses incurred in connection with the action, plus a premium of [**] percent ([**]%) of such costs and expenses;
(ii) The other Party shall then, to the extent possible, recover its costs and expenses incurred in connection with the action, plus a premium of [**] percent ([**]%) of such costs and expenses;
(iii) Any remaining amounts after such reimbursement of the Parties’ costs and expenses shall be awarded to the Party which initiated and prosecuted the action. If such award is obtained by Gilead and such award is in excess of both Parties’ costs, expenses and associated [**] percent ([**]%) premium, the amount of such excess shall be considered Net Sales in the Calendar Quarter it is received for purposes of calculating royalties payable by Gilead in accordance with Section 6.5 if the recovery is for infringement by a product that is competitive to a Licensed Product. Any other or additional recovery obtained by either Party shall be allocated [**] percent ([**]%) to Gilead and [**] percent ([**]%) to Achillion.
Costs and Awards. Each Party shall bear its own attorneys’ fees, costs, and disbursements arising out of the arbitration, and shall pay an equal share of the fees and costs of the arbitrator; provided, however, that the arbitrator shall be authorized to determine whether a Party is the prevailing Party, and if so, to award to that prevailing Party reimbursement for its reasonable attorneys’ fees, costs and disbursements (including, for example, expert witness fees and expenses, photocopy charges, and travel expenses), and/or the fees and costs of the arbitrator.
Costs and Awards. The party which is not in control of any action brought pursuant to Section 10.3(b), (c) or (d) may elect to contribute fifty percent (50%) of the costs of litigation against such Third Party infringer, by providing written notice to the controlling party within ninety (90) days after such action is first brought. If
Costs and Awards. The non-controlling party under any action brought pursuant to Section 8.3(b) or (c) may elect to contribute fifty percent (50%) of the costs of litigation against such Third Party infringer, by providing written notice to the controlling party of its desire to so contribute within ninety (90) days after such action is first brought. If the non-controlling party elects to bear fifty percent (50%) of such litigation costs and reimburses the controlling party within thirty (30) days of the controlling party's written request for such costs, then the parties shall, in good faith, negotiate a pro rata apportionment of any damage award or settlement resulting from such action according to the established adverse commercial impact respectively incurred by each party as a result of such Third Party infringement (where "adverse commercial impact" refers to the lost sales of Products and lost Royalty amounts associated therewith). If the non-controlling party does not elect to share such litigation costs or does not timely reimburse the controlling party for such costs, it shall not participate in any damage award or settlement resulting from such action.
Costs and Awards. (i) To the extent that Kissei or Elixir initiates and prosecutes an action or proceeding under Section 12.1 on its own, without the material assistance of or the participation as a co-plaintiff in the action by the other Party, then the Party that prosecuted such action or proceeding shall be entitled to retain for its sole and exclusive benefit any damages or other monetary award recovered therein in its favour.
(ii) To the extent that both Kissei and Elixir materially assist or participate in any such action or proceeding then:
(A) the expenses of each of Kissei and Elixir with respect to such action or proceeding shall be reimbursed to each Party pro rata, based on the actual amounts spent by such Party, out of any damages or other monetary awards recovered therein in favour of Kissei and/or Elixir; and
(B) if after such reimbursement any funds shall remain from the amount of any damages or other monetary awards recovered therein in favour of Kissei and/or Elixir, such funds shall be divided as follows: (1) first, to Elixir as reimbursement for lost sales associated with Products, and to Kissei as reimbursement for lost earnings stipulated in Section 5 solely to the extent that the award of compensation is attributable to Net Sales associated with Products; and (2) second, any amounts remaining shall be allocated as follows:
(a) if Kissei is the Party prosecuting such action or proceeding, * percent (*%) to Kissei and * percent (*%) to Elixir, and (b) if Elixir is the Party prosecuting such action or proceeding, * percent (*%) to Elixir.
Costs and Awards. The costs of the litigation shall be deemed to be QLT's actual Third Party expenses directly related to or incurred in connection with the alleged infringement. At such time as the infringement ceases (whether voluntarily, by settlement or by court order), QLT's full royalty obligations shall resume. Any award, recovery, lump-sum settlement or royalty payment (in this section, an "AWARD") made to QLT by the alleged infringer shall be treated as follows:
