Common use of Expenses and Recoveries Clause in Contracts

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) with respect to the applicable territory for which a Party has the right to commence an enforcement action under this Section 9.4, 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:

Appears in 1 contract

Samples: Collaboration and License Agreement (Spruce Biosciences, Inc.)

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Expenses and Recoveries. The Enforcing Party shall be solely responsible for any expenses it incurs as a result of any claim, suit or action brought by such enforcement actionEnforcing Party under Section 11.3(b), except that the Parties shall share equally the cost and expense of the enforcement action when one Party AN2 is the Enforcing Party and the other Party Brii Bio 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) with respect to the applicable territory for which a Party has the right to commence an enforcement action under this Section 9.411.3(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:

Appears in 1 contract

Samples: License Agreement (AN2 Therapeutics, Inc.)

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 Synergy is the Enforcing Party and the other Party Luoxin 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) with respect to the applicable territory for which a Party has the right to commence an enforcement action under this Section 9.49.3(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:

Appears in 1 contract

Samples: License, Development and Commercialization Agreement (Synergy Pharmaceuticals, Inc.)

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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 Genfit is the Enforcing Party and the other Party Terns 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) with respect to the applicable territory for which a Party has the right to commence an enforcement action under this Section 9.4), 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:

Appears in 1 contract

Samples: Collaboration and License Agreement (Genfit S.A.)

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