Monetary Recovery. 196 9.9.7 Xxxxx and Abuse by Beneficiaries. 198 9.9.8 Xxxxx and Abuse by PCA Providers 199 9.9.9 False Claims. 199
Monetary Recovery. Any monetary recovery for an infringement in a suit brought by LICENSEE shall first be applied to LICENSEE's documented legal expenses in such suit, and the remainder shall be shared with SYSTEM in the ratio of 96% to LICENSEE and 4% to SYSTEM.
Monetary Recovery. Any monetary recovery for an infringement in a suit brought by INHIBITEX shall be applied in the following manner: first, to INHIBITEX's documented legal expenses; second, [ *** ] to INHIBITEX and [ *** ] to SYSTEM.
Monetary Recovery. 14 Defendant also agreed to create a settlement fund of $2,450,000 against which Settlement 15 Class Members may make a claim for restitution of $0.40 per Unit, with a minimum of $2.00 per 16 Household, and up to $10.00 (twenty-five Units) per Household without proof of purchase and 17 $40.00 (100 Units) with proof of purchase. As stated earlier, these payment amounts will be 18 increased pro-rata, up to five times the original amount, if there are too few claims to exhaust the
Monetary Recovery. If LICENSEE leads proceedings to xxxxx and remedy infringement, any monetary recovery from the infringement of Licensed Patents except for punitive damages, less the documented amount of any attorneys fees and costs incurred by *** Information redacted pursuant to a confidential treatment request. An unredacted version of this exhibit has been filed separately with the Commission. LICENSEE in the prosecution of said infringement claim, shall be treated as Quarterly Gross Receipts. If LICENSEE leads proceedings to xxxxx and remedy infringement, any punitive damages recovered from the infringement of Licensed Patents, less the documented amount of any attorneys fees and costs incurred by LICENSEE in the prosecution of said infringement claim, * * *. If PRF leads proceedings to xxxxx and remedy infringement, any monetary recovery from the infringement of Licensed Patents shall * * *. If LICENSEE and PRF jointly lead proceedings to xxxxx and remedy infringement, any monetary recovery (net of the Parties' respective litigation costs) from the infringement of Licensed Patents shall * * *.
Monetary Recovery. Monetary recoveries from litigation pursuant to Section VIII shall be apportioned as follows: The party controlling the litigation has the right to first reimburse itself for all out-of-pocket costs and expenses of every kind and character, including reasonable attorneys’ fees, involved in the litigation or settlement of such suit from any sums recovered in such suit or in settlement. If, after such reimbursement, any funds shall remain from said recovery, the party controlling the litigation shall promptly pay to the non-controlling party an amount which is collectively equal to twenty percent (20%) of such remainder and the party controlling the litigation shall be entitled to receive and retain the balance of the remainder of such recovery.
Monetary Recovery. If LICENSEE leads proceedings to xxxxx and remedy infringement, LICENSEE shall pay PRF twenty five percent (25%) of any monetary recovery from the infringement of Licensed Patents, less the documented amount of any attorneys fees and costs reasonably incurred by LICENSEE in the direct prosecution of said infringement claim. If PRF leads proceedings to xxxxx and remedy infringement, any monetary recovery from the infringement of Licensed Patents shall belong exclusively to PRF. If LICENSEE and PRF jointly lead proceedings to xxxxx and remedy infringement, any monetary recovery (net of the Parties’ respective litigation costs) from the infringement of Licensed Patents shall be divided equally between LICENSEE and PRF.
Monetary Recovery. If LICENSEE leads proceedings to xxxxx and remedy infringement or if LICENSEE and PRF jointly lead proceedings, any monetary recovery from the infringement of Licensed Patents, less the documented amount of direct outside counsel attorney fees and costs reasonably incurred by either party in the direct prosecution of said infringement claim, shall be divided equally between LICENSEE and PRF. If PRF leads proceedings to xxxxx and remedy infringement, any monetary recovery from the infringement of Licensed Patents shall belong exclusively to PRF.
Monetary Recovery. Members of the SSNs Included Subclass will be eligible to make claims for monetary recovery (“Settlement Claims”) set forth in detail below. The total payments made to SSNs Included Subclass members shall not exceed $125,000.00, which will include all monetary compensation to be paid to the class as part of this settlement except for the Service Awards to be paid pursuant to Section 12 below. In the event total claims exceed $125,000.00, each claim shall be reduced on a pro rata basis.
Monetary Recovery. Any monetary recovery for an infringement suit brought by INHIBITEX shall belong to INHIBITEX, except, however, that all legal fees and costs shall be paid first and BRI shall be reimbursed for out of pocket legal fees related to the action of INHIBITEX. Any monetary recovery for an infringement suit brought solely by BRI shall belong to BRI, except, however, that all legal fees and costs shall be paid first and INHIBITEX shall be reimbursed for out of pocket legal fees related to the action of BRI.
