Expenses and Recoveries. The enforcing Party bringing a claim, suit or action under this Section 4.3 shall be solely responsible for any expenses incurred by such Party as a result of such claim, suit or action. If such Party recovers monetary damages in such claim, suit or action, except as otherwise agreed by the Parties in connection with a cost-sharing arrangement, such recovery shall be allocated first to the reimbursement of any expenses incurred by the Parties in such litigation, and any remaining amounts shall be shared as follows: [***].
Appears in 9 contracts
Samples: Selected Product License Agreement (Artiva Biotherapeutics, Inc.), Selected Product License Agreement (Artiva Biotherapeutics, Inc.), Selected Product License Agreement (Artiva Biotherapeutics, Inc.)
Expenses and Recoveries. The enforcing Party bringing a claim, suit or action under this Section 4.3 8.3 shall be solely responsible for any expenses incurred by such Party as a result of such claim, suit or action. If such Party recovers monetary damages in such claim, suit or action, except as otherwise agreed by the Parties in connection with a cost-sharing arrangement, such recovery shall be allocated first to the reimbursement of any expenses incurred by the Parties in such litigation, and any remaining amounts shall be shared as follows: [***].
Appears in 4 contracts
Samples: Option and License Agreement (Artiva Biotherapeutics, Inc.), Option and License Agreement (Artiva Biotherapeutics, Inc.), Option and License Agreement (Artiva Biotherapeutics, Inc.)
Expenses and Recoveries. The enforcing Party bringing a claim, suit or action under this Section 4.3 5.3 shall be solely responsible for any expenses incurred by such Party as a result of such claim, suit or action. If such Party recovers monetary damages in such claim, suit or action, except as otherwise agreed by the Parties in connection with a cost-sharing arrangement, such recovery shall be allocated first to the reimbursement of any expenses incurred by the Parties in such litigation[***], and any remaining amounts shall be shared as follows: the enforcing Party shall receive [***]] of such amounts and the other Party shall receive [***] of such amounts.
Appears in 3 contracts
Samples: License Agreement (Reneo Pharmaceuticals, Inc.), License Agreement (Reneo Pharmaceuticals, Inc.), License Agreement (vTv Therapeutics Inc.)
Expenses and Recoveries. The enforcing Party bringing or defending a claim, suit or action under this Section 4.3 6.3(b) shall be solely responsible for any expenses incurred by such Party as a result of such claim, suit or action. If such Party recovers monetary damages in such claim, suit or action, except as otherwise agreed by the Parties in connection with a cost-sharing arrangement, such recovery shall be allocated first to the reimbursement of any expenses incurred by the Parties in such litigationlitigation (including, for this purpose, a reasonable allocation of expenses of internal counsel), and any remaining amounts shall be shared allocated as follows: […***…].
Appears in 2 contracts
Samples: License Agreement (Poseida Therapeutics, Inc.), License Agreement (Poseida Therapeutics, Inc.)
Expenses and Recoveries. The enforcing Party bringing or defending a claim, suit or action under this Section 4.3 7.5(b) shall be solely responsible for any expenses incurred by such Party as a result of such claim, suit or action. If such Party recovers monetary damages in such claim, suit or action, except as otherwise agreed by the Parties in connection with a cost-sharing arrangement, such recovery shall be allocated first to the reimbursement of any expenses incurred by the Parties in such litigationlitigation (including, for this purpose, a reasonable allocation of expenses of internal counsel), and any remaining amounts shall be shared allocated as follows: [***].
Appears in 2 contracts
Samples: Development and License Agreement (Concert Pharmaceuticals, Inc.), Development and License Agreement (Concert Pharmaceuticals, Inc.)
Expenses and Recoveries. The enforcing Party bringing a claim, suit or action under this Section 4.3 9.4(b) shall be solely responsible for any expenses incurred by such Party as a result of such claim, suit or action. If such Party recovers monetary damages in such claim, suit or action, except as otherwise agreed by the Parties in connection with a cost-sharing arrangement, such recovery shall be allocated first to the reimbursement of any expenses incurred by the Parties in such litigationlitigation (including, for this purpose, a reasonable allocation of expenses of internal counsel), and any remaining amounts shall be shared as follows: [***].
Appears in 2 contracts
Samples: License and Collaboration Agreement (Intra-Cellular Therapies, Inc.), License and Collaboration Agreement (Intra-Cellular Therapies, Inc.)
Expenses and Recoveries. The enforcing Party bringing or defending a claim, suit or action under this Section 4.3 6.3(b) shall be solely responsible for any expenses incurred by such Party as a result of such claim, suit or action. If such Party recovers monetary damages in such claim, suit or action, except as otherwise agreed by the Parties in connection with a cost-sharing arrangement, such recovery shall be allocated first to the reimbursement of any expenses incurred by the Party or Parties in such litigation, and any remaining amounts shall be shared as follows: allocated [***].**] between the Parties. 6.4
Appears in 2 contracts
Samples: Exclusive License Agreement (Precigen, Inc.), Exclusive License Agreement (Precigen, Inc.)
Expenses and Recoveries. The enforcing Party bringing a claim, suit or action under this Section 4.3 8.4(b) shall be solely responsible for any expenses incurred by such Party as a result of such claim, suit or action. If such Party recovers monetary damages in such claim, suit or action, except as otherwise agreed by the Parties in connection with a cost-sharing arrangement, such recovery shall be allocated first to the reimbursement of any expenses incurred by the Parties Party bringing suit, second to the reimbursement of any expenses incurred by the other Party in such litigation, and any remaining amounts shall be shared as follows: [***]XXXXXX; provided, however, that, in the event GSK is the Party bringing suit, XXXXXX.
Appears in 1 contract
Samples: License, Development and Commercialization Agreement (Impax Laboratories Inc)
Expenses and Recoveries. The enforcing Party bringing a claim, suit or action under this Section 4.3 10.3(b) shall be solely responsible for any expenses incurred by such Party as a result of such claim, suit or action. If such Party recovers monetary damages in such claim, suit or action, except as otherwise agreed by the Parties in connection with a cost-sharing arrangement, such recovery shall be allocated first to the reimbursement of any expenses incurred by the Parties Party bringing suit, second to the reimbursement of any expenses incurred by the other Party in such litigation, and any remaining amounts shall be shared as follows: [**]; provided, however, that, [*].
Appears in 1 contract
Samples: Collaboration and License Agreement (Sangamo Therapeutics, Inc)
Expenses and Recoveries. The enforcing Party bringing a claim, suit or action under this Section 4.3 5.3 shall be solely responsible for any expenses incurred by such Party as a result of such claim, suit or action. If such Party recovers monetary damages in such claim, suit or action, except as otherwise agreed by the Parties in connection with a cost-sharing arrangement, such recovery shall be allocated first to the reimbursement of any expenses incurred by the Parties in such litigation, and any remaining amounts shall be shared as follows: [***].
Appears in 1 contract
Samples: Selected Product License Agreement (Artiva Biotherapeutics, Inc.)
Expenses and Recoveries. The enforcing Party bringing a claim, suit or action under this Section 4.3 10.3(b) shall be solely responsible for any expenses incurred by such Party as a result of such claim, suit or action. If such Party recovers monetary damages in such claim, suit or action, except as otherwise agreed by the Parties in connection with a cost-sharing arrangement, such recovery shall be allocated first to the reimbursement of any expenses incurred by the Parties Party bringing suit, second to the reimbursement of any expenses incurred by the other Party in such litigation, and any remaining amounts shall be shared as follows: [**]; provided, however, that, [*].. (e)
Appears in 1 contract
Samples: Collaboration and License Agreement (Sangamo Therapeutics, Inc)
Expenses and Recoveries. The enforcing Party bringing or defending a claim, suit or action under this Section 4.3 6.3(b) shall be solely responsible for any expenses incurred by such Party as a result of such claim, suit or action. If such Party recovers monetary damages in such claim, suit or action, except as otherwise agreed by the Parties in connection with a cost-sharing arrangement, such recovery shall be allocated first to the reimbursement of any expenses incurred by the Party or Parties in such litigation, and any remaining amounts shall be shared as follows: allocated [***]] between the Parties.
Appears in 1 contract
Samples: Exclusive License Agreement (Alaunos Therapeutics, Inc.)
Expenses and Recoveries. The enforcing Party bringing a claim, suit or action under this Section 4.3 7.7.3 shall be solely responsible for any expenses incurred by such Party as a result of such claim, suit or action. If such Party recovers monetary damages in such claim, suit or action, except as otherwise agreed by the Parties in connection with a cost-sharing arrangement, such recovery shall be allocated first to the reimbursement of any expenses incurred by the Parties in such litigationlitigation (including, for this purpose, a reasonable allocation of expenses of internal counsel), and any remaining amounts shall be shared as follows: [***].:
Appears in 1 contract
