Common use of Costs and Recoveries Clause in Contracts

Costs and Recoveries. Except as otherwise set forth in this Section 6.9.2, each Party shall bear all of its costs incurred in connection with its activities under this Section 6.9.2. Any damages or other monetary awards recovered in any action, suit or proceeding brought under this Section 6.9.2 to the extent related to any Prothena Licensed Collaboration Patents or Licensed Program Patents shall be shared as follows: (i) the amount of such recovery actually received by the Party controlling such action shall first be applied to reimburse costs and expenses incurred by each Party in connection with such action (including, for this purpose, [***] counsel); and (ii) any remaining proceeds shall be (A) for any action controlled by Celgene, retained by, or provided to, Celgene [***], and (B) for any action controlled by Prothena, retained by, or provided to, Prothena [***].

Costs and Recoveries. Except as otherwise set forth in this Section 6.9.26.9.8, each Party shall bear all of its costs incurred in connection with its activities under this Section 6.9.26.9.8. Any damages or other monetary awards recovered in any action, suit or proceeding brought under this Section 6.9.2 6.9.8 to the extent related to any Prothena Licensed Collaboration Patents or Licensed Program Patents shall be shared as follows: (ia) the amount of such recovery actually received by the Party controlling such action shall first be applied to reimburse costs and expenses incurred by each Party in connection with such action (including, for this purpose, [***] counsel); and (iib) any remaining proceeds shall be (Ai) for any action controlled by Celgene, retained by, or provided to, Celgene [***], and (Bii) for any action controlled by Prothena, retained by, or provided to, Prothena [***].

Costs and Recoveries. Except as otherwise set forth in this Section 6.9.26.9.8, each Party shall bear all of its costs incurred in connection with its activities under this Section 6.9.26.9.8. Any damages or other monetary awards recovered in any action, suit or proceeding brought under this Section 6.9.2 6.9.8 to the extent related to any Prothena Licensed Collaboration Patents or Licensed Program Patents shall be shared as follows: (ia) the amount of such recovery actually received by the Party controlling such action shall first be applied to reimburse costs and expenses incurred by each Party in connection with such action (including, for this purpose, [***] counsel]); and (iib) any remaining proceeds shall be (Ai) for any action controlled by Celgene, retained by, or provided to, Celgene [***], and (Bii) for any action controlled by Prothena, retained by, or provided to, Prothena [***].

Costs and Recoveries. Except as otherwise set forth in this Section 6.9.26.9.8, each Party shall bear all of its costs incurred in connection with its activities under this Section 6.9.26.9.8. Any damages or other monetary awards recovered in any action, suit or proceeding brought under this Section 6.9.2 6.9.8 to the extent related to any Prothena Licensed Collaboration Patents or Patents, Licensed Program Patents, or Assigned Patents shall be shared as follows: (ia) the amount of such recovery actually received by the Party controlling such action shall first be applied to reimburse costs and expenses incurred by each Party in connection with such action (including, for this purpose, [***] counsel]); and (iib) any remaining proceeds shall be (Ai) for any action controlled by Celgene, retained by, or provided to, Celgene Celgene[***], and (Bii) for any action controlled by Prothena, retained by, or provided to, Prothena Prothena[***].

Costs and Recoveries. Except as otherwise set forth in this Section 6.9.2, each Party shall bear all of its costs incurred in connection with its activities under this Section 6.9.2. Any damages or other monetary awards recovered in any action, suit or proceeding brought under this Section 6.9.2 to the extent related to any Prothena Licensed Collaboration Patents or Licensed Program Patents shall be shared as follows: (i) the amount of such recovery actually received by the Party controlling such action shall first be applied to reimburse costs and expenses incurred by each Party in connection with such action (including, for this purpose, purpose [***] counsel]); and (ii) any remaining proceeds shall be (A) for any action controlled by Celgene, retained by, or provided to, Celgene and [***], and (B) for any action controlled by Prothena, retained by, or provided to, Prothena [***].