Costs and Recovery Sample Clauses

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. Each Party shall bear its own costs and expenses relating to any Infringement action commenced pursuant to this Section 7.3. Any damages or other amounts collected 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 [***] Sanofi and [***] 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 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 [**] for which Virpax shall pay Nanomerics any Royalties that may be owed with respect to such [**] 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. 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) 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. The costs of any litigation commenced pursuant to this Section 11.4, including attorneys’ fees and expenses, but excluding any allocation for internal resources devoted to the litigation, as well as any recovery realized as a result of any such litigation, respectively, shall be allocated as follows: (i) with respect to litigation initiated prior to receipt of Initial Regulatory Approval for the applicable Product, whether alone or together or in combination with an Agent, or MDX-1379, such costs shall constitute Patent Costs and shall be included as an element of Development Costs and shall be shared by the Parties pursuant to Section 3.7.1(a) and such recovery shall be first allocated to reimburse Patent Costs, with any remainder shared in accordance with the same allocation; and (ii) with respect to litigation initiated on or after receipt of Initial Regulatory Approval for the applicable Product, whether alone or together or in combination with an Agent, or MDX-1379, (A) to the extent related to a Product or MDX-1379 (other than a Non-Co-Promoted Product) in the United States, such costs shall constitute Patent Costs and shall be included as an element of Allowable Expenses and shared by the Parties pursuant to 6.4 and any such recovery shall be first allocated to reimburse Patent Costs, with any remainder included in the calculation of Profit or Loss as set forth in Section 6.5; and (B) to the extent related to a Non-Co-Promoted Product in the United States, such costs shall be borne by BMS at its sole expense, and any such recovery shall be first allocated to reimburse BMS for such costs, with any remainder allocated to reflect the economic interests of the Parties under this Agreement with respect to such Non-Co-Promoted Product; provided, however, that in each case ((i) and (ii)): (1) any such expenses that relate to the enforcement in any such litigation of the Mice-Related Technology shall be borne by Medarex, and any recovery realized as a result of the enforcement of such Mice-Related Technology shall be retained by Medarex, and (2) any such expenses that relate to the enforcement in any such litigation of the BMS Pre-Existing Patents shall be borne by BMS, and any recovery realized as a result of the enforcement of such Patents shall be retained by BMS, except that in each case ((1) and (2)) such expenses and such recovery shall be allocated as provided in clause (i) or (ii), as applicable, to the extent the infringement or alleged infringemen...

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 be allocated as follows: (a) if Sanofi is the controlling Party, such remainder shall be shared [***], or (b) if Licensee is the controlling Party, such remainder will be [***].