Expenses and Recoveries. A Party bringing a claim, suit or action under Section 10.4(b)(i) or 10.4(b)(ii) against any person or entity engaged in Product Infringement 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 from such Third Party in such claim, suit or action, such recovery shall be allocated first to the reimbursement of any expenses incurred by the Parties in such litigation, and any remaining amount shall be distributed as follows: *** *** to the Party bringing such claim, suit or action, and *** to the other Party.
Appears in 3 contracts
Samples: Development and License Agreement (Immunomedics Inc), Development and License Agreement (Immunomedics Inc), Development and License Agreement (Immunomedics Inc)
Expenses and Recoveries. A Party bringing a claim, suit or action under Section 10.4(b)(i) or 10.4(b)(ii) against any person or entity engaged in Product Infringement 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 from such Third Party in such claim, suit or action, such recovery shall be allocated first to the reimbursement of any expenses incurred by the Parties in such litigation, and any remaining amount shall be distributed as follows: **[ * *** ] to the Party bringing such claim, suit or action, and **[ * ] to the other Party.
Appears in 1 contract
Samples: Development and License Agreement (Seattle Genetics Inc /Wa)
Expenses and Recoveries. A Party bringing a claim, suit or action under Section 10.4(b)(i) or 10.4(b)(ii) against any person or entity engaged in Product Infringement 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 from such Third Party in such claim, suit or action, such recovery shall be allocated first to the reimbursement of any expenses incurred by the Parties in such litigation, and any remaining amount shall be distributed as follows: [*** *** ] to the Party bringing such claim, suit or action, and [*** ] to the other Party.
Appears in 1 contract
Samples: Development and License Agreement (Seattle Genetics Inc /Wa)