Common use of Infringement Costs and Proceeds Clause in Contracts

Infringement Costs and Proceeds. Each Party shall bear its own costs incurred in connection with any action initiated or defended under this Section 3.3. Any monetary proceeds, damages and other relief obtained by a Party in connection with such an action (“Proceeds”) shall be applied in the following order of priority: (i) first, to reimburse each Party for such costs paid by that Party in connection with such action, and (ii) second, after application of the foregoing clause (i), the Party that initiated or defended the action [***].

Appears in 3 contracts

Samples: Patent and Know How License Agreement (Novan, Inc.), Patent and Know How License Agreement (Novan, Inc.), Patent and Know How License Agreement (Novan, Inc.)

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Infringement Costs and Proceeds. Each Party shall bear its own costs incurred in connection with any action initiated or defended under this Section 3.34.3. Any monetary proceeds, damages and other relief obtained by a Party in connection with such an action (“Proceeds”) shall be applied in the following order of priority: (i) first, to reimburse each Party for such costs paid by that Party in connection with such action, and (ii) second, after application of the foregoing clause (i), the Party that initiated or defended the action [***].

Appears in 1 contract

Samples: Patent and Know How License Agreement (Novan, Inc.)

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