Common use of Expense and Proceeds from Legal Action Clause in Contracts

Expense and Proceeds from Legal Action. Any legal action concerning any infringement of the rights to Patent Rights granted hereunder shall be at the expense of the party by whom suit is filed, hereinafter referred to as the “Litigating Party”. Any damages or costs recovered by the Litigating Party in connection with any such legal action filed by it hereunder, and remaining under the Litigating Party is reimbursed for its costs and expenses reasonably incurred in the lawsuit, and after any royalties or other payments due to BioTime under ARTICLE 4 are paid, shall be divided as follows: [***] of such damages or recoveries concerning the infringement of rights granted to AgeX hereunder to AgeX, with BioTime retaining the remainder.

Appears in 3 contracts

Samples: Sublicense Agreement, Sublicense Agreement (AgeX Therapeutics, Inc.), Sublicense Agreement (AgeX Therapeutics, Inc.)

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Expense and Proceeds from Legal Action. Any legal action concerning any infringement of the rights to Patent Rights HyStem Patents granted hereunder shall be at the expense of the party by whom suit is filed, hereinafter referred to as the “Litigating Party”. Any damages or costs recovered by the Litigating Party in connection with any such legal action filed by it hereunder, and remaining under the Litigating Party is reimbursed for its costs and expenses reasonably incurred in the lawsuit, and after any royalties or other payments due to BioTime under ARTICLE 4 are paid, shall be divided as follows: [***] of such damages or recoveries concerning the infringement of rights granted to AgeX hereunder to AgeX, with BioTime retaining the remainder.

Appears in 1 contract

Samples: License Agreement (AgeX Therapeutics, Inc.)

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Expense and Proceeds from Legal Action. Any legal action concerning any infringement of the rights to Patent Rights UURF Patents granted hereunder shall be at the expense of the party by whom suit is filed, hereinafter referred to as the “Litigating Party”. Any damages or costs recovered by the Litigating Party in connection with any such legal action filed by it hereunder, and remaining under the Litigating Party is reimbursed for its costs and expenses reasonably incurred in the lawsuit, and after any royalties or other payments due to BioTime under ARTICLE 4 are paid, shall be divided as follows: [***] of such damages or recoveries concerning the infringement of rights granted to AgeX hereunder to AgeX, with BioTime retaining the remainder.

Appears in 1 contract

Samples: Sublicense Agreement (AgeX Therapeutics, Inc.)

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