Common use of Expenses and Recoveries Clause in Contracts

Expenses and Recoveries. In the case of mutual agreement on the institution of an infringement suit, Licensee shall bear one half and Licensors collectively shall bear one half of all expenses unless one party declines to participate financially in the prosecution of such infringement suit, in which case the party declining to participate shall be excluded from bearing a part of such expenses. In the case of such mutual agreement on the institution of an infringement suit, Licensee shall have one half and Licensors collectively shall have one half of all damages and penalties recovered that remain after first reimbursing Licensee and then Licensors for any amounts expended by them in prosecuting such infringement suit and next reimbursing Licensors for royalties that they would have earned but for the suspension of royalty payments during the period of infringement. If one party declines to timely participate financially (pay litigation on time) in the prosecution of such infringement suit, the party shall be excluded from any share of the damages and penalties recovered.

Expenses and Recoveries. In the case of mutual agreement by Licensor and Licensee on the institution of an infringement suit, Licensee shall bear one half of all expenses associated therewith and Licensors collectively Licensor shall bear one half of all expenses associated therewith, unless one party declines to participate financially in the prosecution of such infringement suit; in the event one party declines to participate financially in the prosecution of such infringement suit, in which case the party declining to participate shall be excluded from bearing a part of such expenses. In the case of such mutual agreement on the institution of an infringement suit, Licensee shall have one half and Licensors collectively Licensor shall have one half of all damages and penalties recovered that remain after first reimbursing Licensee Licensor and then Licensors Licensee for any amounts expended by them in prosecuting such infringement suit and next reimbursing Licensors for royalties that they would have earned but for the suspension of royalty payments during the period of infringementsuit. If one party declines Licensor or Licensee shall decline to timely participate financially (pay litigation on time) in the prosecution of such infringement suit, the party so declining to participate shall be excluded from any share of the damages and penalties recovered.

Expenses and Recoveries. In the case of mutual agreement on the institution of an a patent infringement suit, Licensee shall bear one half and Licensors collectively Licensor shall bear one half of all expenses unless one party declines to participate financially in the prosecution of such infringement suit, in which case the party declining to participate shall be excluded from bearing a part of such expenses. In the case of such mutual agreement on the institution of such an infringement suit, Licensee shall have one half and Licensors collectively Licensor shall have one half of all damages and penalties recovered that remain after first reimbursing Licensee and then Licensors Licensor for any amounts expended by them in prosecuting such infringement suit and next reimbursing Licensors Licensor for royalties that they he would have earned but for the suspension of royalty payments payment during the period of infringement. If one party declines to timely participate financially (pay litigation on time) in the prosecution of such infringement suit, suit then the party shall be excluded from any share of the damages and penalties recovered.