Recovery. Any award paid by third parties as the result of such proceedings (whether by way of settlement or otherwise) shall first be applied to reimbursement of any legal fees and expenses incurred by either Party and then the remainder shall be divided between the Parties as follows:
Appears in 23 contracts
Samples: Exclusive License Agreement (OvaScience, Inc.), License Agreement (OvaScience, Inc.), Patent License Agreement (Transcode Therapeutics, Inc.)
Recovery. Any award paid by third parties as the result of such proceedings (whether by way of settlement or otherwise) shall first be applied to reimbursement of any the unreimbursed legal fees and expenses incurred by either Party the controlling party, then reimbursement of such expenses of the cooperating party, and then the remainder shall be divided between the Parties PARTIES as follows:
Appears in 6 contracts
Samples: General Hospital Corporation Exclusive License Agreement (Zeltiq Aesthetics Inc), Exclusive License Agreement (Zeltiq Aesthetics Inc), Exclusive License Agreement (Zeltiq Aesthetics Inc)
Recovery. Any award paid by third parties as the result of such proceedings contemplated by this Section 7 (whether by way of awarded damages, settlement or otherwise) shall first be applied to reimbursement of any legal fees and expenses incurred by either Party and then the remainder shall be divided between the Parties as follows:
Appears in 2 contracts
Samples: Patent License Agreement (ProQR Therapeutics B.V.), Patent License Agreement (ProQR Therapeutics B.V.)
Recovery. Any Subject to any third party rights, any award paid by third parties as the result of such proceedings (whether by way of settlement or otherwise) shall first be applied to reimbursement of any legal fees and expenses incurred by either Party both Parties, in proportion to their expenditures, and then the remainder remainder, if any, shall be divided distributed between the Parties as follows:
Appears in 2 contracts
Samples: Exclusive License Agreement (X4 Pharmaceuticals, Inc), Exclusive License Agreement (Arsanis, Inc.)
Recovery. Any award paid by third parties as the result of such proceedings (whether by way of settlement or otherwise) shall first be applied to reimbursement of any legal fees and expenses incurred by either the Party bringing such proceeding and by the other Party if representation of such other Party by counsel to the Party bringing such proceeding would be inappropriate because of conflict of interests and then the remainder shall be divided between the Parties as follows:
Appears in 2 contracts
Samples: Patent License Agreement (Editas Medicine, Inc.), Patent License Agreement (Editas Medicine, Inc.)
Recovery. Any award paid by third parties as the result of such proceedings (whether by way of settlement or otherwise) shall first be applied to reimbursement of any the unreimbursed third party legal fees and expenses incurred by either Party PARTY and then the remainder shall be divided between the Parties PARTIES as follows:
Appears in 2 contracts
Samples: Exclusive License Agreement (T2 Biosystems, Inc.), Exclusive License Agreement (T2 Biosystems, Inc.)
Recovery. Any award paid by third parties as the result of such proceedings (whether by way of settlement or otherwise) shall first be applied to reimbursement of any legal fees and expenses incurred by either Party Party, and then the remainder shall be divided between the Parties as follows:
Appears in 2 contracts
Samples: Exclusive Patent License Agreement (Aridis Pharmaceuticals, Inc.), Exclusive Patent License Agreement (Aridis Pharmaceuticals, Inc.)
Recovery. Any award paid by third parties Third Parties as the result of such proceedings (whether by way of settlement or otherwise) shall first be applied to reimbursement of any legal fees and expenses incurred by either Party and then the remainder shall be divided between the Parties as follows:
Appears in 2 contracts
Samples: Exclusive Patent License Agreement (Candel Therapeutics, Inc.), Patent License Agreement (Candel Therapeutics, Inc.)
Recovery. Any award paid by third parties as the result of such proceedings (whether by way of settlement or otherwise) shall first be applied to reimbursement of any the unreimbursed third-party legal fees and expenses incurred by either Party PARTY and then the remainder shall be divided between the Parties PARTIES as follows:
Appears in 1 contract
Samples: License Agreement (Alopexx, Inc.)
Recovery. Any award paid by third parties as the result of such proceedings (whether by way of settlement or otherwise) shall first be applied to reimbursement of any the unreimbursed legal fees and expenses incurred by either Party PARTY and then the remainder shall be divided between the Parties PARTIES as follows:
Appears in 1 contract
Recovery. Any award paid by third parties as the result of such proceedings (whether by way of settlement or otherwise) shall first be applied to reimbursement of any legal fees and expenses incurred by either Party and then the remainder shall be divided between the Parties as follows:: β
Appears in 1 contract
Samples: Patent License Agreement (HealthCor Catalio Acquisition Corp.)
Recovery. Any award paid by third parties Third Parties as the result of such proceedings (whether by way of settlement or otherwise) shall first be applied to reimbursement of any the unreimbursed Third Party legal fees and expenses incurred by either Party and then the remainder shall be divided between the Parties as in the order that follows:
Appears in 1 contract
Recovery. Any award paid by third parties as the result of such proceedings any action hereunder (whether by way of settlement or otherwise) shall first be applied to reimbursement of any the out-of-pocket legal fees and expenses incurred by either Party party (with the initiating party's fees paid first), and then the remainder shall be divided between the Parties parties as follows:
Appears in 1 contract
Recovery. Any award paid by third parties a Third Party as the result of such proceedings (whether by way of settlement or otherwise) shall first be applied to reimbursement of any the unreimbursed legal fees and expenses incurred by either Party and then the remainder shall be divided between the Parties as follows:
Appears in 1 contract
Samples: Development and License Agreement (Urigen Pharmaceuticals, Inc.)
Recovery. Any award paid by third parties as the result of such proceedings (whether by way of settlement or otherwise) shall first be applied to reimbursement of any legal fees and expenses incurred by either the Party bringing such proceeding and by the other Party if representation of such other Party by counsel to the Party bringing such proceeding would be inappropriate because of conflict of interests and then the remainder shall be divided between the Parties for any proceedings related to the Field as follows:
Appears in 1 contract
