Common use of Monetary Awards Clause in Contracts

Monetary Awards. Any damages or other monetary awards recovered shall be allocated first, to the costs and expenses of the Party bringing suit, and the costs and expenses, if any, of the other Party. Any amounts remaining shall be allocated as follows: (i) in accordance with the allocation of Profits and Losses if the Parties have entered into a Joint Commercialization Agreement, or (ii) to the Party bringing the suit, which amounts shall be treated as Net Sales of Products or Net Sales of Other Products subject to the applicable royalty obligations set forth in this Agreement. A settlement or consent judgment or other voluntary final disposition of a suit under Sections 8.4(b) or (c) may not be entered into without the prior written consent of the Party not bringing the suit.

Monetary Awards. Any damages or other monetary awards recovered shall be allocated first, to the costs and expenses of the Party or Parties bringing suit, and then to the costs and expenses, if any, of the other Party. Any amounts remaining shall be allocated as follows: (i) in accordance with the allocation of Profits and Losses if of the Parties have entered into a Joint Commercialization Agreementif there has been no Participation Reduction, or (ii) to the Party bringing the suit, which amounts shall be treated as Net Sales of Products or Net Sales of Other Products subject to the applicable royalty obligations set forth in this Agreement. A settlement or consent judgment or other voluntary final disposition of a suit under Sections 8.4(b) or (cSection 8.3(b) may not be entered into without the prior written consent of the Party not bringing the suit, which consent shall not be unreasonably withheld.