Common use of Payment and Reimbursement Clause in Contracts

Payment and Reimbursement. Company agrees that the University has incurred historically accrued attorney fees, expenses, official fees and all other charges accumulated and invoiced to the University incident to the preparation, filing, prosecution and maintenance of the Patent Rights (the “Past Patent Expenses”) as specified in Appendix A. By the Past Patent Expenses Reimbursement Date identified in Appendix A, Company will reimburse University for Past Patent Expenses. For patent expenses not included in Appendix A, including, but not limited to those incurred during the Term, Company will reimburse University for all documented attorneys’ fees, expenses, official fees and all other charges accumulated or invoiced to the University incident to the preparation, filing, prosecution, and maintenance of the Patent Rights, within thirty (30) days after Company’s receipt of invoices for such fees, expenses and charges. University reserves the right to require the Company to provide a deposit in advance of incurring out of pocket patent expenses estimated by counsel to exceed $2,500. If Company fails to reimburse patent expenses under Paragraph 7.2, or provide a requested deposit with respect to a Patent Right, then University will be free at its discretion and expense to either abandon such applications or patents related to such Patent Right or to continue such preparation, prosecution and/or maintenance activities and to the extent University has pursued protection of any patent rights associated with such patent action will remain subject to the license granted under this Agreement, at University’s sole discretion. Any abandonment of patents or applications under Patent Rights by the University shall not affect Company’s obligation to pay prior royalties due under this Agreement that were accrued prior to the date of abandonment of patents or applications for such the Patent Rights.

Payment and Reimbursement. Company agrees that the University has incurred historically accrued attorney fees, expenses, official fees and all other charges accumulated and invoiced to the University incident to the preparation, filing, prosecution and maintenance of the Patent Rights (the “Past Patent Expenses”) as specified in Appendix A. By the Past Patent Expenses Reimbursement Date identified in Appendix A, Company will reimburse University for Past Patent Expenses. For patent expenses not included in Appendix A, including, but not limited to those incurred during the Term, Company will either pay directly under a Client and Billing Agreement or reimburse University for all documented attorneys’ fees, expenses, official fees and all other charges accumulated or invoiced to the University incident to the preparation, filing, prosecution, and maintenance of the Patent Rights, within thirty (30) days after Company’s receipt of invoices for such fees, expenses and charges. University reserves the right to require the Company to provide a deposit in advance of incurring out of pocket patent expenses estimated by counsel to exceed $2,500. If Company fails to reimburse patent expenses under Paragraph 7.2, or provide a requested deposit with respect to a Patent Right, then University will be free at its discretion and expense to either abandon such applications or patents related to such Patent Right or to continue such preparation, prosecution and/or maintenance activities and to the extent University has pursued protection of any patent rights associated with such patent action will remain subject to the license granted under this Agreement, at University’s sole discretion. Any abandonment of patents or applications under Patent Rights by the University shall not affect Company’s obligation to pay prior royalties due under this Agreement that were accrued prior to the date of abandonment of patents or applications for such the Patent Rights.

Payment and Reimbursement. Company agrees acknowledges that the University has incurred historically accrued attorney fees, expenses, official filing fees and all other charges accumulated and invoiced to the University incident to the preparation, filing, prosecution and maintenance of the Patent Rights (the “Past Patent Expenses”) as specified in Appendix A. By the amount set forth on Exhibit D. The Company has paid per the Original Agreement the Past Patent Expenses Reimbursement Date identified Expenses, as set forth in Appendix A, Company will reimburse University for Past Patent Expenses. For patent expenses not included in Appendix A, including, but not limited to those incurred during the invoice attached as Exhibit D. During the Term, the Company will either pay directly under a separate Client and Billing Agreement or reimburse University for all reasonable documented attorneys’ fees, expenses, official fees and all other charges accumulated or invoiced to the University during the Term incident to the preparation, filing, prosecution, and maintenance of the Patent RightsRights (the “Current Patent Expenses”). The University shall use reasonable efforts to submit Current Patent Expenses for pre-approval by the Company. The Current Patent Expenses shall be reimbursed or paid, as applicable, within thirty (30) 30 days after Company’s 's receipt of invoices an itemized invoice for such fees, expenses and charges. University reserves the right to require the Company to provide a deposit in advance of incurring out of pocket patent expenses estimated by counsel to exceed $2,500[***]. If Company fails to reimburse patent expenses under Paragraph 7.2this Section 8.2, or provide a requested deposit with respect to a Patent Right, then University will be free shall have the right to, at its discretion and expense to expense, either abandon such applications or patents related to such Patent Right or to continue such preparation, prosecution and/or maintenance activities and and, to the extent University has pursued protection of any patent rights associated with such patent action will remain subject to the license granted under this AgreementLicense, at University’s sole discretion. Any abandonment of patents or applications under Patent Rights by the University shall not affect Company’s 's obligation to pay prior royalties due under this Agreement that were accrued prior to the date of abandonment of patents or applications for such the Patent Rights.