Allocation of Recoveries. (a) If more than one of the parties hereto is damaged in a single loss for which recovery is received under the policy, each such party shall receive that portion of the recovery which represents the loss sustained by that party, unless the recovery is inadequate to fully indemnify such party sustaining loss.
Allocation of Recoveries. A. In the event of a separate loss or losses under the Joint Insured Bond, the party suffering a loss or losses shall be entitled to be indemnified up to the full amount of the Joint Insured Bond.
Allocation of Recoveries. Recoveries received before indemnification is triggered by Us are for your account and shall reduce the Debt. Such Recoveries shall be allocated in chronological order of the relevant Due Dates, any different allocation provided by third parties will not be binding on Us. Recoveries received after indemnification is triggered by Us are for our account up to the amount of the indemnity paid with respect to the Debt, and the balance will be for your account up to the amount of the Debt. Should the total amount of Recoveries received before or after indemnification is triggered by Us exceed the total amount of the Debt, the excess shall be allocated between You and Us to set off the Collection Expenses incurred respectively by You and Us. The trigger date of the indemnification shall be set forth in our statement of indemnification sent to You.
Allocation of Recoveries. (a) If more than one of the parties hereto is damaged in a single loss for which recovery is received under the Fidelity Bond, each such party shall receive an equitable and proportionate share of the recovery, but investment companies shall receive an amount at least equal to the amount such party would have received had it provided and maintained a single insured bond with the minimum coverage as required by Rule 17g-1 under the Act.
Allocation of Recoveries. Any settlements, damages or monetary awards (collectively, a “Recovery”) recovered by either Party pursuant to any Infringement Response shall, after reimbursing the Parties for their reasonable out-of-pocket expenses in making such recovery (which amounts shall be allocated pro rata if insufficient to cover the totality of such expenses) be allocated as follows: (a) to the extent such Infringement Response is instituted by Kiniksa, [***]; provided, that, [***]; and (b) [***].
Allocation of Recoveries. 1. With the exception of up to 8% for administrative costs, or unless otherwise limited by Court Order, all Recoveries must be used for Approved Purposes.
Allocation of Recoveries. Except as otherwise expressly provided herein, the costs and expenses of the Party bringing suit under this Section 8.7 shall be borne by such Party, and any damages, settlements or other monetary awards recovered shall be shared as follows: [***].
Allocation of Recoveries. Any amounts recovered by either Party pursuant to actions under Sections 10.2.1(a)(iii) or (iv) or 10.2.1(b) with respect to any Infringement through the development or sale of a Compound or Product, whether by settlement or judgment, shall be allocated in the following order: (i) first, to reimburse Enanta and Xxxxxx for their reasonable out-of-pocket expenses in making such recovery (which amounts shall be allocated pro rata if insufficient to cover the totality of such expenses); and (ii) then, to Enanta and Xxxxxx in the same proportion as Xxxxxx’x historic profits on Net Sales of the Product or Products affected by the Infringement bears to Xxxxxx’x historic royalties hereunder in respect of such Net Sales, in each case as determined in good faith.
Allocation of Recoveries. Any recoveries resulting from enforcement action relating to a claim of Infringement shall be [***].
Allocation of Recoveries. Recoveries received before the indemnification is triggered by Us are for your account and shall reduce the Debt. Such Recoveries shall be allocated in the chronological order of the relevant Due Dates, any different allocation provided by third parties will not be binding to Us. Recoveries received after the indemnification is triggered by Us are for our account up to the amount of the indemnity paid with respect to the Debt, and the balance will be for your account up to the amount of the Debt. Should the total amount of Recoveries received before or after the indemnification is trig- gered by Us exceed the total amount of the Debt, the excess shall be allocated between You and Us to set off the Collection Expenses incurred respectively by You and Us. The date of trigger by Us of the indemnification shall be set forth in our statement of indemnification sent to You. Definitions Notification of Overdue Account: notification of the Overdue Account pursuant to article 3.1.1 above.
