Common use of Division of Damages Award Clause in Contracts

Division of Damages Award. Any recovery made in connection with such infringement claim shall be divided as follows: (i) the Party that initiated and prosecuted such action shall recoup all of its costs and expenses (including reasonable attorney’s fees) incurred in connection with such action, whether the recovery is by settlement or otherwise; (ii) the other Party then shall, to the extent possible, recover its costs and expenses (including reasonable attorney’s fees) incurred in connection with such action; (iii) if BTC initiated and prosecuted the action, the amount of any recovery remaining shall be retained by BTC; and (iv) if Auxilium initiated and prosecuted the action, the amount of any recovery remaining shall be retained by Auxilium, except that BTC shall receive a portion equivalent to the amount it would have received in accordance with the terms of Section 6.4 as if such amount were Net Sales of Auxilium.

Division of Damages Award. Any recovery made in connection with such infringement claim shall be divided as follows: (i) the Party that initiated and prosecuted such action shall recoup all of its costs and expenses (including reasonable attorney’s 's fees) incurred in connection with such action, whether the recovery is by settlement or otherwise; (ii) the other Party then shall, to the extent possible, recover its costs and expenses (including reasonable attorney’s 's fees) incurred in connection with such action; (iii) if BTC initiated and prosecuted the action, the amount of any recovery remaining shall be retained by BTC; and (iv) if Auxilium initiated and prosecuted the action, the amount of any recovery remaining shall be retained by Auxilium, except that BTC shall receive a portion equivalent to the amount it would have received in accordance with the terms of Section 6.4 as if such amount were Net Sales of Auxilium.