Costs and Recovery. Each Party shall *** relating to any enforcement action commenced pursuant to this Section 7.3. Any damages or other amounts collected shall be *** to *** the Party that *** to *** the *** for *** and *** in ***, and *** to *** the *** Party for *** and *** in ***. Any remainder after such reimbursement is made shall be *** the *** to *** the *** of the *** under this Agreement with respect to the Licensed Products. If and to the extent required under the Academic License, *** shall *** any *** it pursuant to the *** to *** and *** to *** the *** of *** and *** under *** of the ***.
Costs and Recovery. Each Party shall [*] relating to any enforcement action commenced pursuant to this Section 8.3. Any damages or other amounts collected shall be [*]. Any remainder after such reimbursement is made shall be [*] under this Agreement with respect to the Licensed Product.
Costs and Recovery. The Party pursing any action under Section 10.6 shall bear its own costs and expenses related thereto. Any amounts recovered by either Party pursuant to Section 10.6, whether by settlement or judgment, shall be used to reimburse the Parties for their reasonable costs and expenses in making such recovery (which amounts shall be allocated pro rata if insufficient to cover the totality of such expenses), with any remainder being retained by or paid to Virpax and, to the extent attributable to lost sales of Licensed Products, being deemed “Net Sales” for which Virpax shall pay Nanomerics any Royalties that may be owed with respect to such Net Sales under Sections 7.6 or 7.7.
Costs and Recovery. Except as otherwise agreed by the Parties in connection with a cost sharing arrangement, any recovery realized as a result of such litigation described in Section 10.3.1 or 10.3.2 (whether by way of settlement or otherwise) shall be first allocated to reimburse the Parties for their costs and expenses in making such recovery (which amounts shall be allocated pro rata if insufficient to cover the totality of such expenses). Any remainder after such reimbursement is made shall be [***]; provided, however, that [***] with respect to the applicable Licensed Product(s), taking into account the applicable adjustments set forth in Article 7.
Costs and Recovery. Any damages or other amounts collected from any such Infringement action shall be first allocated to reimburse the Parties for their costs and expenses in making such recovery (which amounts shall be allocated pro rata if insufficient to cover the totality of such expenses). Any remainder after such reimbursement is made shall (a) before the First Commercial Sale of the considered Licensed Product, be shared [***] for Sanofi and [***] for Licensee, or (b) after the First Commercial Sale of the considered Licensed Product, be included in the Net Sales calculation for such Licensed Product.
Costs and Recovery. The costs and expenses relating to any Infringement action commenced pursuant to this Section 7.3 shall be the responsibility of the Party controlling the prosecution thereof. Any damages or other amounts collected shall be [***].
Costs and Recovery. Forest shall be responsible for all costs and expenses incurred by or on behalf of Forest relating to any infringement action commenced by Forest pursuant to this Section 7.4; provided, however, that Forest shall be entitled to deduct up to [*]% of the reasonable, documented out-of-pocket costs and expenses incurred by or on behalf of Forest in connection with any infringement action commenced by Forest pursuant to this Section 7.4 in a given Calendar Quarter from any amounts payable to Xxxxxxx under ARTICLE 6, including development and regulatory milestones pursuant to Section 6.1.1, Sales-Based Milestone Payments pursuant to Section 6.1.2 or royalties pursuant to Section 6.2 for such Calendar Quarter, with any remaining balance to be carried over to the development and regulatory milestones, Sales-Based Milestone Payments or royalties due with respect to such subsequent Calendar Quarters, up to a maximum amount for each Calendar Quarter of [*]% of the applicable amount owed with respect to such subsequent Calendar Quarter. The costs and expenses relating to any infringement action commenced by Xxxxxxx pursuant to this Section 7.4 shall be solely born by Xxxxxxx. Except as otherwise agreed by the Parties in connection with a cost sharing arrangement, any recovery realized as a result of any infringement action against an Infringement (whether by way of settlement or otherwise) shall be first allocated to reimburse the Parties for their reasonable, documented out-of-pocket costs and expenses in making such recovery (which amounts shall be allocated pro rata if insufficient to cover the totality of such expenses). Any remainder after such reimbursement is made shall be, (a) with respect to any infringement action commenced by Forest pursuant to this Section 7.4, allocated between the Parties, [*]% to Forest and [*]% to Xxxxxxx, and (b) with respect to any infringement action commenced by Xxxxxxx pursuant to this Section 7.4, fully retained by Xxxxxxx.
Costs and Recovery. Any damages or other amounts collected from any such Infringement action shall be first allocated to reimburse the Parties for their costs and expenses in making such recovery (which amounts shall be allocated pro rata if insufficient to cover the totality of such expenses). Any remainder after such reimbursement is made shall (a) [***] be shared [***] for Sanofi and [***] for Licensee, or (b) [***].
Costs and Recovery. The out-of-pocket costs and expenses incurred by or on behalf of Medivation relating to any infringement action commenced by Medivation pursuant to this Section 5.3 shall be paid by Medivation and, at Medivation’s election, Medivation shall be entitled to [ * ]. For clarity, if CureTech elects to participate in any infringement action commenced by Medivation pursuant to this Section 5.3 by joining as a party to such action and participating with its own counsel at its sole cost and expense, or [ * ] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24b-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED. CureTech initiates an infringement action pursuant to Section 5.3.2(y), or otherwise participates, [ * ]. The costs and expenses relating to any infringement action commenced by CureTech pursuant to this Section 5.3 shall be solely borne by CureTech. Except as otherwise agreed by the Parties in connection with a cost sharing arrangement, any recovery realized as a result of any infringement action against an Infringement (whether by way of settlement or otherwise) shall be first allocated to reimburse the Parties for their out-of-pocket costs and expenses in making such recovery (which amounts shall be allocated pro rata if insufficient to cover the totality of such expenses). Any remainder after such reimbursement is made shall be, (a) with respect to any infringement action commenced by Medivation pursuant to this Section 5.3, [ * ].
Costs and Recovery. The grower shall bear all direct and indirect costs of the works, goods and services and interest accruing thereto supplied by the xxxxxx in accordance with the Schedule to this Agreement unless the same is paid earlier allow such costs to be deducted from payment for sugarcane supplied by the grower. Provided that:
