Common use of Scios Clause in Contracts

Scios. Except as set forth in Section 9.4.3 below, Scios shall ----- have the initial right, but not the obligation, to institute, prosecute and control any such action, suit or proceeding (an "Action") at its expense, using counsel of its choice, and GenVec shall cooperate with Scios in connection with any such Action, at Scios' expense; provided, Scios may not enter into any settlement which admits that any of the Patent Rights as it relates to the Field or any jointly owned patent claiming a Joint Invention is invalid or unenforceable. Any amounts recovered from third parties in any such Action shall be used first to reimburse Scios for its costs and expenses associated with such Action (including, without limitation, attorneys' and experts' fees), and the remainder shall be divided between the parties as follows: with respect to any Action other than one concerning a Joint Invention, GenVec shall receive * of such remainder and Scios shall receive * and with respect to any Action concerning a Joint Invention other than one relating to gene therapy, GenVec shall receive * of such remainder and Scios shall receive *

Scios. Except as set forth in Section 9.4.3 below, Scios shall ----- have the initial right, but not the obligation, to institute, prosecute and control any such action, suit or proceeding (an "Action") at its expense, using counsel of its choice, and GenVec shall cooperate with Scios in connection with any such Action, at Scios' expense; provided, Scios may not enter into any settlement which admits that any of the Patent Rights as it relates to the Field or any jointly owned patent claiming a Joint Invention is invalid or unenforceable. Any amounts recovered from third parties in any such Action shall be used first to reimburse Scios for its costs and expenses associated with such Action (including, without limitation, attorneys' and experts' fees), and the remainder shall be divided between the parties as follows: with respect to any Action other than one concerning a Joint Invention, GenVec shall receive * of such remainder and Scios shall receive * and with respect to any Action concerning a Joint Invention other than one relating to gene therapy, GenVec shall receive * of such remainder and Scios shall receive *