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.
Appears in 2 contracts
Samples: License Agreement (Innexus Biotechnology Inc), License Agreement (Innexus Biotechnology Inc)
Costs and Awards. The party Party which is not in control of any action brought pursuant to Section 8.3(b) or (c7.4(b) may elect to contribute fifty percent (50%) of the costs of litigation against such third party Third Party infringer, by providing written notice to the controlling party Party within ninety (90) days after such action is first brought. If the non-controlling party 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 Party does not elect to share such litigation costs, it shall not participate in any damage award or settlement resulting from such action.
Appears in 2 contracts
Samples: Development and Licensing Agreement (Pure Bioscience), Development and Licensing Agreement (Pure Bioscience)
Costs and Awards. The party Party which is not in control of any action brought pursuant to Section 8.3(b9.3(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 Party within ninety (90) days after such action is first brought. If the non-controlling party 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 Party does not elect to share such litigation costs, it shall not participate in any damage award or settlement resulting from such action.
Appears in 1 contract
Costs and Awards. The party which is not in control of any action ---------------- brought pursuant to Section 8.3(b) Sections 9.3 or (c) 9.4 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.
Appears in 1 contract
Samples: Research Agreement (Trimeris Inc)
Costs and Awards. The party which is not in control of any action brought pursuant to Section 8.3(b10.3(b), (c) or (cd) may elect to contribute fifty percent (50%) of the costs of litigation against such third party 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.
Appears in 1 contract
Samples: Development and License Agreement (Gilead Sciences Inc)