Damage Award or Settlement Payments. Any damage award or settlement payments made in connection with any action relating to infringement of Emisphere Patent Rights, whether obtained by judgment, settlement or otherwise shall be allocated between the Parties on a pro rata basis with each Party receiving a proportion based on their participation of such defense as determined according to Article 8.3 above.
Appears in 7 contracts
Samples: Research Collaboration Option and License Agreement (Emisphere Technologies Inc), Research Collaboration License Agreement (Emisphere Technologies Inc), Research Collaboration Option and License Agreement (Emisphere Technologies Inc)
