Distribution of Amounts Recovered. Any amounts recovered by the Party taking an Action pursuant to this Section 6.2, whether by settlement or judgment, shall be allocated in the following order: (i) to reimburse the Company for any costs incurred, which, if such Party is Company; (ii) to reimburse Licensor for its costs incurred in such Action, if it joins such Action; and (iii) the remaining amount of such recovery shall be allocated to Company.
Appears in 2 contracts
Samples: License Agreement (Lomond Therapeutics Holdings, Inc.), License Agreement (Lomond Therapeutics Holdings, Inc.)
Distribution of Amounts Recovered. Any amounts recovered by the Party taking an Action pursuant to this Section 6.27.2, whether by settlement or judgment, shall be allocated in the following order: (i) to reimburse the Company Party taking such Action for any costs incurred, which, if such Party is Company; (ii) to reimburse Licensor the Party not taking such Action for its costs incurred in such Action, if it joins such ActionAction as provided in the last sentence of Section 7.2.3; and (iii) the remaining amount of such recovery shall be allocated to CompanyLicensor.
Appears in 2 contracts
Samples: Technology License and Collaboration Agreement (Aridis Pharmaceuticals, Inc.), Technology License and Collaboration Agreement (Aridis Pharmaceuticals, Inc.)
Distribution of Amounts Recovered. Any amounts recovered by the Party taking an Action pursuant to this Section 6.26.6, whether by settlement or judgment, shall be allocated in the following order: (i) to reimburse the Company Party initiating such Action for any costs incurreddocumented, which, if such Party is CompanyOut-of-Pocket Expenses incurred in litigating the Action; (ii) to reimburse Licensor for its costs incurred in the Party not initiating such Action, if it joins for any documented, Out-of-Pocket Expenses incurred in litigating such Action; , and (iii) the remaining amount of such recovery shall be allocated to Companybetween the Parties [**].
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Distribution of Amounts Recovered. Any amounts recovered by the Party taking an Action pursuant to this Section 6.26.5, whether by settlement or judgment, shall be allocated in the following order: :
(i) to reimburse the Company Party taking such Action for any costs incurred, which, if such Party is Company; ;
(ii) to reimburse Licensor the Party not taking such Action for its costs incurred in such Action, if it joins such Action; and and
(iii) the remaining amount of such recovery shall be allocated to Companyretained by the Party taking the Action.
Appears in 1 contract
Samples: License Agreement (Sonnet BioTherapeutics Holdings, Inc.)
Distribution of Amounts Recovered. Any amounts recovered by the Party taking an Action pursuant to this Section 6.25.5, whether by settlement or judgment, shall be allocated in the following order: :
(i) to reimburse the Company Party taking such Action for any costs incurred, which, if such Party is Company; ;
(ii) to reimburse Licensor the Party not taking such Action for its costs incurred in such Action, if it joins such Action; and and
(iii) the remaining amount of such recovery shall be allocated deemed to Companybe Net Sales, and Licensee shall pay to ARES a royalty in accordance to Section 4.1.
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Distribution of Amounts Recovered. Any amounts recovered by the Party taking an Action action pursuant to this Section 6.29.4.2, whether by settlement or judgment, shall be allocated in the following order: (ia) to reimburse the Company Party taking such action for any costs incurred, which, if such Party is Company; (iib) to reimburse Licensor the Party not taking but joining such action for its costs incurred in such Action, if it joins such Actionaction; and (iii) the remaining amount of such recovery shall be allocated to Company.and
Appears in 1 contract
Samples: Research Collaboration and Option Agreement (Felicitex Therapeutics Inc.)
