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Expenses and Recoveries
Expenses and Recoveries contract clause examples
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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 received as a result of any Enforcement Action to enforce any ​ pursuant to this [Section 7.7] shall be used first to reimburse each Party who bears documented, out-of-pocket costs and expenses (including court, attorneys’ and professional fees) incurred in connection with such Enforcement Action (which amounts shall be allocated pro rata if insufficient to cover the totality of such expenses), and the remainder of the recovery shall be allocated as follows: # if ​ is the Enforcing Party, such recovery shall be ​; and # if ​ is the Enforcing Party, such recovery shall be ​

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:

Recoveries. Any recoveries resulting from any action under [Section 11.3(b)(i)] in the Territory shall be first applied against payment of each Party’s costs and expenses in connection therewith. ​.

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.

Recoveries. Any damages, settlements, accounts of profits, or other financial compensation recovered from a Third Party by the Party that assumes control over enforcing any Infringement Claim shall be allocated between the Parties as follows:

Recoveries. Any recovery by an enforcing Party shall be allocated first pro rata to the reimbursement of any expenses incurred by the Parties in the activities under this [Section 10.8] (including reasonable expenses of outside counsel), and then:

Recoveries. The amount of any recovery from any Product Infringement suit shall first be used to pay each of the Party’s reasonable costs, including attorneys’ fees, relating to such legal proceedings and the balance of any such recovery shall be retained by the Lead Litigation Party; provided, however, that with respect to any amounts of such recovery from any such Product Infringement suit (other than those amounts used to pay a Party’s reasonable costs) that have been awarded (as reimbursement for lost sales or lost royalties) of Co-Funding Products, regardless of which Party is the Lead Litigation Party, such amounts shall be included in the calculation of Profit Split in accordance with [Section 9.2].

Recoveries. Any damages, settlements, accounts of profits, or other financial compensation recovered from a Third Party by the Party that assumes control over enforcing any Infringement Claim shall be allocated between the Parties as follows:

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:

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