FHS Recoveries Clause Samples

FHS Recoveries. If FHS prevails in such a suit or settles with such third party infringer, any and all settlement amounts, damages, and costs recovered in connection therewith shall first be allocated to FHS’s reasonable attorneys’ fees and expenses, and next towards payment to FHS of royalties based upon the sales of products or services by the infringing third-party equal to the amount FHS would have received from CYBX if CYBX had sold such products or services. FHS shall be entitled to keep *** of the balance remaining from any recoveries, by way of judgment, award, decree, or settlement resulting from such suit, and the remaining ***) of such balance shall be paid by FHS to CYBX within thirty (30) days of receipt by FHS of such settlement amounts, damages, and costs recovered.