Common use of Expenses and Recoveries Clause in Contracts

Expenses and Recoveries. A Party bringing a Product Specific Infringement Action under this Section 9.6 against any Third Party engaged in Infringement of the Product Specific Patents will be solely responsible for any expenses incurred by such Party as a result of such Product Specific Infringement Action. If such Party recovers monetary damages from such Third Party in such Product Specific Infringement Action, such recovery will first be applied to all out-of-pocket costs and expenses incurred by the Parties in connection therewith, including attorneys’ fees. [***].

Expenses and Recoveries. A Party bringing a Product Specific Infringement Action under this Section 9.6 9.5 against any Third Party engaged in Infringement of the any Product Specific Patents will be solely responsible for any expenses incurred by such Party as a result of such Product Specific Infringement Action[**]. If such Party recovers monetary damages from such Third Party in such Product Specific Infringement Action, such recovery will first be applied [**]. If such recovery is insufficient to cover all out-of-pocket such costs and expenses incurred by the Parties in connection therewithof both Parties, including attorneys’ fees. it will [**]. If after such reimbursement any funds remain from such damages, such funds will be shared as follows: (i) [**], and (ii) [**].