Amounts Recovered Sample Clauses
The 'Amounts Recovered' clause defines how any funds or assets recovered in connection with a claim, loss, or liability are to be handled between the parties. Typically, this clause specifies the process for distributing recovered amounts, such as whether they are used to reimburse costs, pay damages, or offset previous payments made under the agreement. Its core practical function is to ensure fairness and clarity in the allocation of recovered sums, preventing disputes over who is entitled to what portion of any recovery.
Amounts Recovered. Any amounts recovered by the Plan Sponsor during the Agreement period through subrogation, claims re-adjudication, or other Recoveries shall not apply to and shall not be used to satisfy the specific limits identified in the Schedule of Coverage.
Amounts Recovered. In any litigation brought solely by Pitt, any amounts recovered from any unauthorized user will be paid to Pitt. In any litigation brought by GenVec, any amounts recovered from any unauthorized user shall be paid to GenVec. The amount of any such damages recovered by GenVec shall, after first deducting GenVec's out-of-pocket expenses (including attorneys and expert fees) in bringing and prosecuting the action which resulted in such damages, be added into Net Sales Receipts for the fiscal quarter in which such damages were received by GenVec. If GenVec, while successful in enforcing the Patent Rights, recovers less than its out-of-pocket expenses incurred as a result of such litigation, GenVec shall be entitled to deduct from payments otherwise due to Pitt hereunder * of the difference between any amount received and those amounts expended by GenVec in the conduct of such litigation.
Amounts Recovered. Any amounts recovered by either Party for past Infringement that occurs in the Field of Use in connection with a suit pursuant to this Section 5, whether by settlement or judgment, shall be used to reimburse the Parties for their reasonable out-of-pocket costs and expenses in making such recovery (which amounts shall be allocated first to the party acting as Primary Enforcement Party if such amounts are insufficient to cover such costs and expenses in full). Any remainder that relates to an Infringement of Licensed IP occurring in the Field of Use shall belong in full to Intuitive and/or an Affiliate of Intuitive (as applicable), and any remainder that relates to an Infringement occurring outside the Field of Use of IP that is owned or Controlled by Cardica or a Cardica Affiliate and that is not licensed to Intuitive shall belong to Cardica.
Amounts Recovered. If Licensee commences litigation, then any recovery in excess of any unrecovered litigations costs and fees will be shared with University as follows:
(a) any payments for past or future sales will be deemed Net Sales and Licensee shall pay University royalties at the rate specified in Section 10.4 of the Business Terms;
(b) all other amounts recovered will be deemed Sublicense Consideration and Licensee shall pay University royalties at the rate specified in Section 10.6 of the Business Terms.
Amounts Recovered. The amount of any Claim shall be determined after giving effect to any amount actually recovered from an insurer or any other third party, and the parties hereto agree to act in a commercially reasonable manner in connection with making a claim against their respective insurers or any third party or accepting a settlement.
Amounts Recovered. Any amounts recovered by either Party for past Infringement in connection with a suit pursuant to this Section 10, whether by settlement or judgment, shall be used to reimburse the Parties for their reasonable out-of-pocket costs and expenses in making such recovery (which amounts shall be allocated first to the party acting as Primary Enforcement Party if such amounts are insufficient to cover such costs and expenses in full). Any remainder that relates to an Infringement of Licensed IP occurring in the Field of Use shall belong in full to ISRG and/or an Affiliate of ISRG (as applicable), and any remainder that relates to an Infringement occurring outside the Field of Use of IP that is owned or Controlled by PMII or a PMII Affiliate and that is not licensed to ISRG shall belong to PMII.