Royalty Deduction. Any damages, royalties, settlement fees or other consideration for past infringement or misappropriation awarded to and/or collected by a Party (or Parties) resulting from an infringement or other appropriate suit against a Third Party or a settlement thereof shall, after deduction of all costs and expenses associated with such suit or settlement, be deemed to reflect a loss of commercial sales, and royalties shall be payable thereon to the Party (or Parties) to which royalties would have been owed under Section 4.1 of this Agreement, provided that such Party is not otherwise entitled to receive a portion of any recovery other than reimbursement of its litigation expenses) obtained from such suit or settlement pursuant to this Section 6.2.
Appears in 2 contracts
Samples: Cross License Agreement (MetaMorphix Inc.), Cross License Agreement (MetaMorphix Inc.)
Royalty Deduction. Any damages, royalties, settlement fees or other consideration for past infringement or misappropriation awarded to and/or collected by a Party (or Parties) resulting from an infringement or other appropriate suit against a Third Party or a settlement thereof shall, : after deduction of all costs and expenses associated with such suit or settlement, be deemed to reflect a loss of OF commercial sales, and royalties shall be payable thereon to the Party Parry (or Parties) to which royalties would have been owed under Section 4.1 7.3 of this Agreement, provided that such Party (or Parties) is not otherwise entitled to receive a portion of any recovery other than reimbursement of its litigation expenses) obtained from such suit or settlement pursuant to this Section 6.210.3.
Appears in 2 contracts
Samples: Collaboration Agreement (MetaMorphix Inc.), Collaboration Agreement (MetaMorphix Inc.)