Division of Recoveries. Any recovery received in connection with a suit brought by a Party pursuant to this Section 11.3 shall be retained by the Party initiating such suit. If Cephalon was a party to the suit, then any recovery received in connection with a suit brought pursuant to this Section 11.3 shall be used first to reimburse each Party pro rata for expenses (including attorneys’, professional and expert fees) incurred in such suit, and any balance shall be retained by the Cephalon subject to a payment to the other Party of such other Party’s lost royalties.
Division of Recoveries. (i) Any recovery received in connection with a suit brought by RPI pursuant to this Section 13.6 shall be used first to reimburse the Party conducting such suit for expenses (including attorneys', professional and expert fees) incurred in such suit, and any remainder treated as set forth below:
(a) The remainder of the recovery shall be divided with Schering receiving [ ] and RPI receiving [.]
Division of Recoveries. All court-awarded judgments recovered in an Enforcement Action shall be first applied to reimburse the controlling Party and then the non-controlling Party's unreimbursed expenses, including without limitation, reasonable attorneys' fees and court costs. Any remainder shall be divided with [*] of the remainder being paid to the controlling Party, and [*] of the remainder being paid to the non-controlling Party.
Division of Recoveries. (a) Any recovery received in connection with a suit brought by a Party pursuant to Section 10.4.1 shall be used first to reimburse the Party for expenses (including attorneys, professional and expert fees) incurred in such suit, and any remainder shall be treated as Net Sales..
(b) Any recovery received in connection with a suit brought by Organon or Pharmacopeia solely pursuant to Section 10.4.3 shall be retained by the Party initiating such suit.
Division of Recoveries. Any recovery of damages received in connection with a suit (including by way of settlement) under Section 8.4(a) involving Program Technology set forth in Section 8.1 (a) or (b) shall be retained by the Party that owns said Program Technology; PROVIDED that any recovery of ordinary damages (including by way of settlement) based upon infringement of Program Technology set forth in Section 8.1 (a) shall be deemed to be Net Sales and Celltech shall pay NeoGenesis an amount calculated in accordance with Section 6.2 to reimburse NeoGenesis for royalties due in respect of lost sales of Licensed Products represented by such ordinary damages. Any recovery of damages received in connection with a suit (including by way of settlement) under Section 8.4(a) involving the Program Technology set forth in Section 8.1 (c) brought by NeoGenesis or Celltech shall be retained by the Party that conducted such suit. Any recovery of damages received in connection with a suit (including by way of settlement) jointly brought by NeoGenesis and Celltech (other than the assistance that each party is required to provide to the litigating party pursuant to Section 8.4(d) and for which it has been reimbursed) shall be used first to reimburse the Parties, on a pro-rata basis, for all expenses actually incurred in such suit, and any remainder shall divided equally between Celltech and NeoGenesis after payment by Celltech of any obligations it may have to any sublicensee in relation to any recovery.
Division of Recoveries. (a) Any recovery received in connection with a suit brought by Company or Ligand pursuant to Section 7.4.1 or 7.4.2 shall be retained by the Party initiating such suit. *** Certain information on this page has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.
(b) Any recovery received in connection with a suit brought by Company or Ligand solely pursuant to Section 7.4.4 shall be retained by the Party initiating such suit.
Division of Recoveries. All recoveries from an Enforcement Action shall be first applied to reimburse the controlling party and then the non-controlling party’s unreimbursed expenses, including without limitation, reasonable attorneys’ fees and court costs. Any remainder shall be divided between the parties as follows:
8.5.1. To the extent the amount recovered reflects lost profits in the Field of Clinical Diagnostics, CIPHERGEN shall retain the remainder; or
8.5.2. To the extent the amount recovered reflects lost profits outside of the Field of Clinical Diagnostics to BIO-RAD.
8.5.3. To the extent the amount recovered reflects lost profits both in the Field of Clinical Diagnostics and outside the Field of Clinical Diagnostics, the remainder shall be divided between the parties based on the percentage of lost profits attributed to such Field.
Division of Recoveries. Any damages or other monetary awards recovered pursuant to this Section 10.7 shall be allocated first to the costs and expenses of the Party bringing or maintaining the defense of such suit, then to the costs and expenses, if any, of the other Party. In the event that Licensee brings such action, any amounts remaining shall be distributed as follows: the remaining amount of the recovery shall be treated as Net Sales in the calendar quarter received and Schering shall be entitled to a portion of the royalties it would have received on such Net Sales. In the event that Schering brings such action, [*] percent ([*]%) of any amounts remaining shall be payable to Schering and the remaining [*]percent ([*]%) to Licensee.
Division of Recoveries. (a) Any recovery received in connection with a suit brought by a Party pursuant to Section 10.4.1 shall be used ***.
(b) Any recovery received in connection with a suit brought by Organon or Pharmacopeia solely pursuant to Section 10.4.3 shall be ***.
Division of Recoveries. After settlement of all adjudicated claims of other third-parties (including governmental) and distribution to Deep Blue, EXPLS agrees to convey to BlueWater, 50% of EXPLS distributed value (whether in cash or in kind in the form of artifacts and treasure) from all recoveries by BlueWater from the Shipwreck and wrecked vessels in the Shipwreck Area shown on Exhibit X, during the course of this Agreement and all extensions granted by Swordfish Partners during the term of this Agreement. Division of the recoveries will occur promptly after adjudication of title by the Tampa District Court sitting in admiralty. In the event that an artifact is indivisible, either party may buy the object from the other party for the other party’s percentage of ownership of the value affixed by the Division Committee. Should both parties hereto wish to purchase an indivisible artifact, the competing rights to purchase shall be settled by a coin toss; and, if there are two indivisible artifacts, the loser of the coin toss shall have the right to purchase the second artifact. The coin toss method shall settle the rights to purchase the next two or three artifacts and so on for the fourth and fifth, etc. Both parties will have the right to market an indivisible artifact, but the selling party maintains insurance to cover the value assigned to the artifact. After division and adjudication of title, either party may sell its share of treasure recovered under this salvage agreement. BlueWater acknowledges that, in all events, Deep Blue Exploration will have the first right to purchase an indivisible artifact at fair market value. After said acquisition by Deep Blue, BlueWater and EXPLS will settle the next indivisible artifact acquisition by coin toss as described above.
