Recoveries. Any amount recovered in any Infringement Action under Section 9.5.2 (Infringement Actions for Infringements by Third Parties), including any amount recovered in any settlement of such Infringement Action, will be shared as follows:

Recoveries. Any recovery, including, but not limited to damages or other monetary awards received as a result of any Enforcement Action pursuant to this Section 7.5 shall be used first to reimburse each Party’s documented, out-of-pocket costs and expenses (including court, attorneys’ and professional fees) incurred in connection with such Enforcement Action, and the remainder of the recovery shall be shared as follows: # to the extent such recovery represents lost sales, such recoveries shall be retained by INNOCOLL and treated as Net Sales hereunder and INNOCOLL shall pay the applicable percentage of such recoveries to [[DURECT:Organization]], and # for all other recoveries ​ of such recovery shall be paid to the Enforcing Party and ​ of such recovery shall be paid to the other Party.

Expenses and Recoveries. Any expenses incurred by such Party as a result of any claim, suit or action under [Section 9.6(b)] against any person or entity engaged in Product Infringement or any other infringement of the FibroGen China Patents shall be treated as a shared expense of the Parties under this Agreement. If such Party recovers monetary damages from such Third Party in such suit or action, such recovery shall be allocated first to the reimbursement of any expenses incurred by the Parties in such litigation (including, for this purpose, a reasonable allocation of expenses of internal counsel) and any remaining amount shall be designated as Product Revenue at the FibroGen Cayman level and subject to restrictions on payments to FibroGen as dividends under Exhibit D.

Expenses and Recoveries. The term “Revenue” includes all fees, minimum royalties, payments, compensation, or consideration of any kind, including without limitation in-kind payments, forbearance in connection with settlement, equity amounts taken in lieu of cash, or discounts below fair market value of equity received by either Party or its Affiliates, to which entity pays, transfers or otherwise provides the Revenue, or how the Revenue is structured, denominated, or paid, transferred or provided. If the enforcing Party receives Revenue in such claim, suit or action, such Revenue shall be allocated first to the reimbursement of any expenses incurred by the Party which paid for such expenses in such claim, suit or action (including, for this purpose, a reasonable allocation of expenses of internal counsel), and any remaining amounts shall be partially allocated to [[Grifols:Organization]] in an amount equal to the royalty that would have been payable to [[Grifols:Organization]] under Section 6.3 if [[Savara:Organization]] had made Net Sales equivalent to the remaining amount, with the remaining portion of the remaining amount allocated to [[Savara:Organization]].

Expenses and Recoveries. The Enforcing Party shall be solely responsible for any expenses it incurs as a result of such enforcement action, except that the Parties shall share equally the cost and expense of the enforcement action when one Party is the Enforcing Party and the other Party elects to join the enforcement action. If the Enforcing Party recovers monetary damages in such claim, suit or action brought under [Section 9.4(b)], such recovery shall be allocated first to the reimbursement of any documented expenses incurred by the Parties in such enforcement action, and any remaining amounts shall be shared by the Parties as follows:

Procedures; Expenses and Recoveries. The Party having the right to initiate or manage any Third Party Infringement Action under [Section 7.6(b)] shall have the sole and exclusive right to select counsel for any such Action and shall pay all expenses of such Action, including attorneys’ fees and court costs and reimbursement of the other Party’s reasonable out-of-pocket expense in rendering assistance requested by the first Party. If # required under Law in order for the initiating Party to initiate or maintain such Action, # either Party is unable to initiate or prosecute such Action solely in its own name or # it is otherwise advisable to obtain an effective legal remedy, then in each such case, the other Party shall join as a party to such Action and will execute and cause its Affiliates to execute all documents, and take all actions, reasonably necessary for the initiating Party to initiate and maintain such Action. In addition, at the initiating Party’s request, the other Party shall provide other reasonable assistance to the initiating Party in connection with such Action at no charge to the initiating Party except for reimbursement by the initiating Party of reasonable out-of-pocket expenses incurred in rendering such assistance. The non-initiating Party shall have the right to participate and be represented in any such Action under [Section 7.6(b)] by its own counsel at its own expense. If the Parties obtain from a Third Party, in connection with any such Action under [Section 7.6(b)], any damages, license fees, royalties or other compensation (including any amount received in settlement of such suit), such amounts shall be allocated in all cases as follows:

Expenses and Recoveries. Except as otherwise agreed to by the Parties as part of a cost-sharing arrangement, any recovery realized as a result of any action under this [Section 10.6], whether by way of settlement or otherwise, after reimbursement of any litigation expenses of the Parties, shall be applied first to reimburse the documented out-of-pocket legal expenses of the Party that brought and controlled such action or proceeding incurred in connection with such action or proceeding, and second to reimburse the documented out-of-pocket legal expenses of the other Party incurred in connection with such action or proceeding (to the extent not previously reimbursed by the first Party), and any remaining amounts shall be retained by the Party that brought and controlled such action; provided, however, that:

Expenses and Recoveries. The Enforcing Party shall be solely responsible for any expenses it incurs as a result of such enforcement action, except that the Parties shall share equally the cost and expense of the enforcement action when the non-Enforcing Party elects to join the enforcement action. If the Enforcing Party recovers monetary damages in such claim, suit or action brought under Section 9.4(a), such recovery shall be allocated first to the reimbursement of any documented expenses incurred by the Parties in such enforcement action, and any remaining amounts shall be shared by the Parties as follows:

Recoveries. With respect to any Infringement Action or other action against a Product Infringement initiated pursuant to this [Section 11.3], any recovery obtained as a result of any such proceeding, by settlement or otherwise, shall be applied in the following order of priority:

Recoveries. Any recovery or settlement received in connection with any suit will first be shared by Institute and Licensee to cover any litigation costs each incurred and next shall be paid to Institute or Licensee to cover any litigation costs it incurred in excess of the litigation costs of the other. Any remaining recoveries shall be allocated as follows: