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Recoveries
Recoveries contract clause examples

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 obtained as a result of any suit or action initiated pursuant to [Section 5.3(b) or 5.3(c)])] shall be paid to the Party initiating the suit, provided that:

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 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, 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 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 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. 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 realized as a result of such litigation described in [Section 9.4] (whether by way of settlement or otherwise) shall be first, allocated to ​. Any remainder after ​ shall be ​; provided, however, that to the extent that any award or settlement (whether by judgment or otherwise) is attributable to loss of sales with respect to a Product, then such award or settlement will be treated ​.

Recoveries. Any recoveries resulting from an action relating to a claim of Third Party Infringement shall first be applied against payment of each Party’s costs and expenses incurred in connection therewith. Any remaining recoveries ​. Notwithstanding the foregoing, any recoveries resulting from an action relating to a claim of Third Party Infringement shall not be included in the calculation of any commercial milestones under [Schedule B] Section 1.2.

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