Common use of Initial Allocation Clause in Contracts

Initial Allocation. Such damages or other sums recovered shall first be applied to reimburse each Party for all of the costs and expenses it incurred in connection with such action, and if such recovery is insufficient to cover all such costs and expenses of both Parties, it shall be shared in proportion to the total of such costs and expenses incurred by each Party; and

Initial Allocation. Such damages or other sums recovered shall first be applied to reimburse each Party for all of the costs and expenses it incurred in connection with such action, and if such recovery is insufficient to cover all such costs and expenses of both Parties, it shall be shared in proportion to the total of such costs and expenses incurred by each Party[***]; and

Initial Allocation. Such damages or other sums recovered shall first be applied to reimburse each Party for all of the costs and expenses it its Direct Costs incurred in connection with such actionaction (including, for this purpose, a reasonable allocation of expenses of outside counsel), and if such recovery is insufficient to cover all such costs and expenses of both Parties, it shall be shared in proportion to the total of such costs and expenses incurred by each Party; and

Initial Allocation. Such damages or other sums recovered shall first be applied to reimburse each Party for all of the costs and its Out-of-Pocket Costs expenses it incurred by each Party directly in connection with such actionaction (including, for this purpose, a reasonable allocation of expenses of outside counsel), and if such recovery is insufficient to cover all such costs and expenses of both Parties, it shall be shared in proportion to the total of such costs and expenses incurred by each Party; and

Initial Allocation. Such damages or other sums recovered shall first be applied to reimburse all Out-of-Pocket Costs incurred by each Party for all of the costs and expenses it incurred directly in connection with such actionaction (including, and if for this purpose, a reasonable allocation of expenses of outside counsel). If such recovery is insufficient to cover all such costs and expenses of both Parties, it shall be shared in proportion to the total of such costs and expenses incurred by each Party; and

Initial Allocation. Such damages or other sums recovered shall first be applied to reimburse all Out-of-Pocket Costs and expenses incurred by each Party for all of the costs and expenses it incurred directly in connection with such actionaction (including, and if for this purpose, a reasonable allocation of expenses of outside counsel). If such recovery is insufficient to cover all such costs and expenses of both Parties, it shall be shared in proportion to the total of such costs and expenses incurred by each Party; and