Recovered Amounts. Any monetary damages, court-ordered third party costs, settlements, royalties or other recovery received from any Third Party resulting from, arising out of or relating to any Competing Product Enforcement Action or Enforcement Action for Competing Infringing Activities shall be distributed to the Parties on a pro rata basis based upon the IP Costs paid by each Party in connection with such Enforcement Action.
Recovered Amounts. Any monetary damages, court-ordered Third Party costs, settlements, royalties or other recovery received from any Third Party resulting from, arising out of or relating to any Enforcement Action, after reimbursement of the Enforcing Party’s expenses, shall be treated as Gross Profits and paid or retained by the applicable Party as appropriate to implement the split of the Gross Profits set forth in Section 4.4.
Recovered Amounts. Any monetary damages, court-ordered Third Party costs, settlements, royalties or other recovery received from any Third Party resulting from, arising out of or relating to any Competing Product Enforcement Action, after reimbursement of the Cooperating Party's expenses pursuant to Clause 6.14 and the Enforcing Party's expenses, shall be distributed (a) if the Licensor is the Enforcing Party, sixty percent (60%) to the Licensor and forty percent (40%) to NT Pharma and (b) if NT Pharma is the Enforcing Party, sixty percent (60%) to NT Pharma and forty percent (40%) to the Licensor.
Recovered Amounts. Any monetary damages, court-ordered Third Party costs, settlements, royalties or other recovery received from any Third Party resulting from, arising out of or relating to any Enforcement Action, after reimbursement of the Enforcing Party’s expenses, shall be treated as Gross Profits and paid or retained by the applicable Party as appropriate to implement the split of the Gross Profits set forth in Section 4.1. [***]Certain confidential information contained in this document, marked by brackets, has been omitted because it is both (i) not material and (ii) would be competitively harmful if publicly disclosed.
Recovered Amounts. Loss shall be reduced by any Recovered Amounts. For the avoidance of doubt, to the extent any Recovered Amount is received or realized after payment by the Insurer hereunder, such Recovered Amount shall be applied in the following order: first, to reimburse the Insureds for any Loss borne by them in excess of the Limit of Liability; second, to reduce any Loss incurred by the Insureds which is covered by this Policy; and third, to reimburse the Insureds in respect of any Retained Loss.
Recovered Amounts. Any monetary damages, court-ordered Third Party costs, settlements, royalties or other recovery received from any Third Party resulting from, arising out of or relating to any Competing Product Enforcement Action, after reimbursement of the Cooperating Party’s expenses pursuant to Section 6.6 and the Enforcing Party’s expenses, shall be distributed (a) if Pfenex is the Enforcing Party, [***] to Pfenex and [***] to NT Pharma and (b) if NT Pharma is the Enforcing Party, [***] to NT Pharma and [***] to Pfenex.
Recovered Amounts. In the event that any payments which are deemed to have been made to a Reference Obligation Holder of the Reference Obligation applicable to any Transaction evidenced hereby during the Term of such Transaction are required to be repaid or returned to the Reference Obligor or any other person (including, without limitation, any bankruptcy trustee for the Reference Obligor pursuant to applicable law), to the extent such payments have been factored into the balance of the Collection Account or have been otherwise paid to Party B pursuant to the terms hereof, Party B shall pay to Party A an amount equal to the payments so required to be repaid or returned by such Reference Obligation Holder within three Business Days after written certification has been received by Party B setting forth in reasonable detail the legal basis for such payment. Conversely, in the event that any Distribution Payment scheduled to be made with respect to any Reference Obligation underlying a Transaction during the Term hereof is not so paid by reason of a delay, default or otherwise by the Reference Obligor, and such payment is subsequently made to Reference Obligation Holders, who would have been entitled to receive such payment on the original scheduled payment date therefor, Party A shall pay to Party B an amount equal to such payment on or before the third (3rd) Business Day following the date on which such payment is made to holders of record of the relevant Reference Obligation. The obligations of Party A and Party B under this provision shall survive any termination of the relevant Transaction or the ISDA Master Agreement.
Recovered Amounts. If at any time subsequent to the receipt by an Indemnified Party of an indemnity payment hereunder, such Indemnified Party (or any Affiliate thereof) receives any recovery, settlement or other similar payment with respect to the Losses for which it received such indemnity payment (the “Recovery”), such Indemnified Party shall promptly pay to the Indemnifying Party an amount equal to the amount of such Recovery, less any expenses incurred by such Indemnified Party (or its Affiliates) in connection with such Recovery, but in no event shall any such payment exceed the amount of such indemnity payment.
Recovered Amounts. The amount of any payment to be made to an Indemnified Party pursuant to this Article 3 will be determined having regard to any net insurance proceeds actually received, after deduction of any premiums payable with respect to such insurance.
Recovered Amounts. Any monetary damages, court-ordered third party costs, settlements, royalties or other recovery payable by any Third Party resulting from, arising out of or relating to any Infringement Action or any IP Action (“Recovered Amounts”) shall be distributed as follows:
(a) First, to reimburse the Party controlling the Infringement Action or IP Action for any IP Litigation Costs incurred by such Party in connection therewith, to the extent such Party has not been previously reimbursed therefor by application of any credit hereunder or otherwise;
(b) Second, to reimburse the Parties for any IP Litigation Costs incurred by the Parties in connection with any other IP Infringement Actions or IP Actions, to the extent not previously reimbursed by application of any credit hereunder or otherwise, on a pro rata basis among the Parties based upon the respective aggregate IP Litigation Costs incurred thereby and not previously reimbursed; and
(c) Thereafter, fifty percent (50%) to Alvotech and fifty percent (50%) to Alvogen. The amount of any credits to which Alvogen is entitled pursuant to Section 6.8(a) shall be appropriately adjusted to reflect the application of any Recovered Amounts.
