Costs; Recoveries. All out-of-pocket expenses incurred by a Defending Party in defending a Third Party Infringement Claim (including outside counsel fees), and all amounts payable by either Party as a judgment based on a Third Party Infringement Claim or in settlement of such Third Party Infringement Claim, shall be included in the Pre-Tax Profit or Loss calculation. For clarity, the terms of this Section 15.7.3 shall not apply to a Third Party Infringement Claim alleged against a Sole Development Product.
Costs; Recoveries. All out-of-pocket expenses incurred by a Party in defending a Third Party Infringement Claim (including outside counsel fees), and all amounts payable by either Party as a judgment based on a Third Party Infringement Claim or in settlement of such Third Party Infringement Claim, shall be borne by, or retained by, the Party defending such Third Party Infringement Claim, as applicable; provided, however, that, if Mersana exercises its Profit Share Election pursuant to Section 9.1.1 (Exercise of Profit Share Election), then, solely with respect to Third Party Infringement Claims directed to the activities conducted hereunder for the Licensed Products in the Shared Territory, such out-of-pocket expenses will be shared by the Parties in accordance with the Pre-Tax Profit or Loss in accordance with Section 11.5 (Pre-Tax Profit or Loss Sharing).
Costs; Recoveries. All out-of-pocket expenses incurred by a Party in defending a Third Party Infringement Claim (including outside counsel fees) and all amounts payable by either Party as a judgment based on a Third Party Infringement Claim or in settlement of such Third Party Infringement Claim, shall be allocated as follows: (a) with respect to Third Party Infringement Claims directed to the activities conducted hereunder for the Licensed Products in the Profit-Sharing Territory prior to the Cost Share End Date, then such out-of-pocket expenses will [***], and (b) with respect to Third Party Infringement Claims directed to the activities conducted hereunder for the Licensed Products in the Net Sales Territory, then [***].
Costs; Recoveries. A Party bringing a claim, suit or action to terminate or defend any Infringement will be solely responsible for any expenses incurred by such Party as a result of such claim, suit or action. If such Party recovers monetary damages from such Third Party in such suit or action, such recovery will [***]. If such recovery is insufficient to cover all such costs and expenses of both Parties, it will be [***]. If, after such reimbursement, any funds remain from such damages, all such remaining funds will be allocated between the Parties as follows: (a) if Eisai controls enforcement in accordance with this Section 6.3, Eisai shall be entitled to receive [***] of all remaining proceeds and (b) if Pharmavant controls enforcement in accordance with this Section 6.3, Eisai shall be entitled to [***]
Costs; Recoveries. The charge noted on the Form in respect of operating costs including, but not limited to, vehicle registration, compulsory third party insurance, stamp duty on vehicle purchases and transport accident charges. The charge may vary in different States, Territories or other locations;
Costs; Recoveries. All out-of-pocket expenses incurred by a Party in defending a Third Party Infringement Claim (including outside counsel fees), and all amounts [***] Certain information in this document has been excluded pursuant to Regulation S-K, Item 601(b)(10). Such excluded information is not material and would likely cause competitive harm to the registrant if publicly disclosed. payable by either Party as a judgment based on a Third Party Infringement Claim or in settlement of such Third Party Infringement Claim, shall be allocated as follows: (a) with respect to Third Party Infringement Claims directed to the activities conducted hereunder for the WRN Products or MAT2A Products in the Profit-Sharing Territory, so long as IDEAYA has not exercised the IDEAYA Opt-Out for the applicable Licensed Product, then in a manner consistent with the applicable split of Pre-Tax Profit and Loss, (b) with respect to Third Party Infringement Claims directed to the activities conducted hereunder for the WRN Products or MAT2A Products in the Net Sales Territory, then GSK shall be solely responsible for such costs, and (c) with respect to Third Party Infringement Claims directed to the activities conducted hereunder for the POLQ Products and Third Party Infringement Claims directed to the activities conducted hereunder for the WRN Products or MAT2A Products in the Profit-Sharing Territory if IDEAYA has exercised the IDEAYA Opt-Out for the applicable Licensed Product, GSK shall be solely responsible.
Costs; Recoveries
