Expenses and Damages. If this Agreement is terminated, expenses and damages of the parties hereto shall be determined as follows:
Expenses and Damages. If Licensee undertakes the enforcement and/or defense of the Patent Rights by litigation, NCSU will, subject to the policies of the Board of Governors of the University of North Carolina, provide all reasonable assistance in the litigation. The cost of any such action commenced or defended by Licensee, including reasonable expenses of NCSU (except for the attorneys’ fees of any independent counsel retained by NCSU, unless such independent counsel has been retained because an ethical conflict precludes Licensee’s counsel from representing NCSU, in which case the following sentence shall apply), shall be borne by Licensee. Licensee will bear the documented attorneys’ fees for independent counsel retained by NCSU due to an ethical conflict. Any recovery of damages by Licensee as a result of such action will be applied first in satisfaction of any unreimbursed expenses and attorneys’ fees of Licensee relating to the action, and second in satisfaction of unreimbursed legal expenses and attorneys’ fees of NCSU, if any, relating to the action. Licensee will pay ten percent (10.0%) of any balance of recovered damages or settlement after payment of expenses as provided in the preceding sentence. Licensee is entitled to settle any such litigation by agreement, consent, judgment, voluntary dismissal, or otherwise, with the consent of NCSU, which consent may not be withheld unreasonably.
Expenses and Damages. In the event that the Landlord shall, during the period covered by this Lease, obtain possession of the Leased Premises by re-entry, summary proceedings, or otherwise, the Tenant hereby agrees to pay the Landlord the expense incurred in obtaining possession of said Leased Premises, and also all expenses and commissions which may be paid in and about the letting of the same, and all other damages, including, but not limited to, damages from breach of Tenant’s covenant to pay rent and additional rent. If Landlord terminates this Lease, Landlord is entitled to recover all damages suffered as the result of a default or other breach. It is within the contemplation of the parties that such damages include (a) the difference between the contract rent and the market rent through the remainder of the original term; (b) the unamortized expenditures, calculated on a straight-line basis, undertaken by Landlord to fit the Leased Premises to the needs of Tenant, including expenditures for Landlord Work, interior partitions, doors, floor coverings, wall coverings, paint, plaster, cabinetry, and all other work performed on the Premises; (c) the estimated cost of restoring the Premises to their original condition; (d) any commissions paid to re-lease the Premises; and (e) any other damages identified in this Lease. Should Landlord at any time terminate this Lease for any breach, in addition to any other remedies it may have, it may recover from Tenant all damages it may incur by reason of such breach, including the cost of recovering the Premises and reasonable attorneys' fees, and including the worth at the time of such termination of the excess, if any, of the amount of rent for the remainder of the stated term over the then reasonable rental value of the Premises for the remainder of the stated term, all of which amounts shall be immediately due and payable from Tenant to Landlord. In case suit shall be brought or an attorney otherwise consulted because of any alleged breach by Xxxxxx, and a breach shall be established, Tenant shall pay to Landlord all expenses incurred therefor. Mention in this Lease of any particular remedy shall not preclude Landlord from any other remedy, in law or equity. In the event Landlord commences any proceedings for nonpayment of rent, Tenant shall not interpose any non-mandatory counterclaim in any such proceeding. If Tenant shall be in default of this Lease and Landlord gives Tenant notice thereof, and Tenant fails to cure such default wit...
Expenses and Damages. The cost of any such action commenced or defended by NCSU shall be borne by Licensee in proportion to the respective interest of the Licensee in the Patent Rights. Any recovery of damages by NCSU as a result of such action will be applied first in satisfaction of any unreimbursed expenses and attorneys’ fees relating to the action, and second in satisfaction of unreimbursed legal expenses and attorneys’ fees of Licensee/s, if any, relating to the action and in direct proportion to their respective contributions. The balance of recovered damages after payment of expenses as provided in the preceding sentence will be distributed as follows: (1) to NCSU for lost royalty income represented by the damages award or settlement; and then (2) to Licensee/s for lost royalty income represented by the damages award or settlement and in proportion to their respective contributions to the cost of obtaining the award or settlement. For the avoidance of doubt, the Licensee/s shall not be entitled to receive any percentage of the recovery if Licensee/s have not contributed to the cost of obtaining the recovery.
Expenses and Damages. If Licensee undertakes the enforcement and/or defense of the Patent Rights by litigation, NCSU will, subject to the policies of the Board of Governors of the University of North Carolina, provide all reasonable assistance in the litigation. The cost of any such action commenced or defended by Licensee, including expenses of NCSU, shall be borne by Licensee. Any recovery of damages by Licensee as a result of such action will be applied first in satisfaction of any unreimbursed expenses and attorneys’ fees of Licensee relating to the action, and second in satisfaction of unreimbursed legal expenses and attorneys’ fees of NCSU, if any, relating to the action. Licensee will pay royalties as provided in this Agreement on any balance of recovered damages after payment of expenses as provided in the preceding sentence. Licensee is entitled to settle any such litigation by agreement, consent, judgment, voluntary dismissal, or otherwise, with the consent of NCSU, which consent may not be withheld unreasonably.
Expenses and Damages. Each party shall pay its own expenses in connection with the Plan of Merger and the Merger. In the event Horizon or Bancshares terminates this Plan of Merger, the following provisions shall apply:
Expenses and Damages
