Common use of Recovery Clause in Contracts

Recovery. Except as otherwise provided, the costs and expenses of the Party bringing suit under Section 4.3 (Enforcement) shall be borne by such Party, and any damages, settlements or other monetary awards recovered shall be shared as follows: (i) the amount of such recovery actually received by the Party controlling such action shall first be applied to the out-of-pocket costs of each Party in connection with such action; and then (ii) the remainder of the recovery shall be shared between the Parties as follows:

Appears in 9 contracts

Samples: Exclusive License Agreement (Atara Biotherapeutics, Inc.), Supply Agreement (Atara Biotherapeutics, Inc.), Exclusive License Agreement (Atara Biotherapeutics, Inc.)

AutoNDA by SimpleDocs

Recovery. Except as otherwise provided, the costs and expenses of the Party bringing suit under Section 4.3 (Enforcement) shall be borne by such Party, and any damages, settlements or other monetary awards recovered shall be shared as follows: (ia) the amount of such recovery actually received by the Party controlling such action shall first be applied to the out-of-pocket costs of each Party in connection with such action; and then (iib) the remainder of the recovery shall be shared between the Parties as follows:

Appears in 5 contracts

Samples: Exclusive License Agreement (Vigil Neuroscience, Inc.), Exclusive License Agreement (Vigil Neuroscience, Inc.), Quality Agreement (Akero Therapeutics, Inc.)

Recovery. Except as otherwise provided, the costs and expenses of the Party bringing suit under Section 4.3 4.4 (Enforcement) shall be borne by such Party, and any damages, settlements or other monetary awards recovered shall be shared as follows: (ia) the amount of such recovery actually received by the Party controlling such action shall first be applied to the out-of-pocket costs of each Party and the UC in connection with such action; and then (iib) the remainder of the recovery shall be shared between the Parties as follows:

Appears in 4 contracts

Samples: Exclusive License Agreement (Erasca, Inc.), Exclusive License Agreement (Erasca, Inc.), Exclusive License Agreement (Erasca, Inc.)

Recovery. Except as otherwise provided, the costs and expenses of the Party bringing suit under Section 4.3 4.4 (Enforcement) shall be borne by such Party, and any damages, settlements or other monetary awards recovered shall be shared as follows: (ia) the amount of such recovery actually received by the Party controlling such action shall first be applied on a pro-rata basis to the out-of-pocket costs of each Party in connection with such action; and then (iib) the remainder of the recovery shall be shared between the Parties as follows:

Appears in 4 contracts

Samples: Exclusive License Agreement for Gcase (Neumora Therapeutics, Inc.), Exclusive License Agreement for Ck1d (Neumora Therapeutics, Inc.), Exclusive License Agreement for Ck1d (Neumora Therapeutics, Inc.)

Recovery. Except as otherwise provided, the costs and expenses of the Party bringing suit under Section 4.3 (Enforcement) shall be borne by such Party, and any damages, settlements or other monetary awards recovered shall be shared as follows: (i) the amount of such recovery actually received by the Party controlling such action shall first be applied to the out-of-pocket costs of each Party in connection with such action; and then (ii) the remainder of the recovery shall be shared between the Parties as follows:

Appears in 3 contracts

Samples: Exclusive License Agreement, Exclusive License Agreement (Kezar Life Sciences, Inc.), Exclusive License Agreement (Kezar Life Sciences, Inc.)

Recovery. Except as otherwise provided, the costs and expenses of the Party bringing suit under Section 4.3 (EnforcementInfringement) shall be borne by such Party, and any damages, settlements or other monetary awards recovered shall be shared as follows: (i) the amount of such recovery actually received by the Party controlling such action shall first be applied to the out-of-pocket costs of each Party in connection with such action; and then (ii) the remainder of the recovery shall be shared between the Parties as follows:

Appears in 2 contracts

Samples: Exclusive License Agreement (TESARO, Inc.), Exclusive License Agreement (TESARO, Inc.)

Recovery. Except as otherwise provided, the The costs and expenses of the Party bringing suit under Section 4.3 (Enforcement4(d) or 4(e) shall be borne by such Party, and any damages, settlements or other monetary awards recovered shall be shared as follows: (i) the amount of such recovery actually received by the Party controlling such action shall first be applied to the out-of-pocket costs of each Party in connection with such action; and then (ii) the remainder of the recovery shall be shared between the Parties as follows:

Appears in 2 contracts

Samples: Exclusive License Agreement (NantKwest, Inc.), Exclusive License Agreement (NantKwest, Inc.)

Recovery. Except as otherwise provided, the The costs and expenses of the Party bringing suit under Section 4.3 (Enforcement) 6.4 shall be borne by such Party, and any damages, settlements or other monetary awards recovered shall be shared as follows: (ia) the amount of such recovery actually received by the Party controlling such action shall first be applied to the out-of-pocket costs of each Party in connection with such action; and then (iib) the remainder of the recovery shall be shared between the Parties as follows:

Appears in 2 contracts

Samples: Exclusive License Agreement, Exclusive License Agreement (Sorrento Therapeutics, Inc.)

Recovery. Except as otherwise provided, the costs and expenses of the Party bringing suit under Section 4.3 (Enforcement) 4.7 or Section 4.10 shall be borne by such Party, and any damages, settlements or other monetary awards recovered shall be shared as follows: (ia) the amount of such recovery actually received by the Party controlling such action shall first be applied to the out-of-pocket costs of each Party in connection with such action; and then (iib) the remainder of the recovery shall be shared between the Parties allocated as follows:

Appears in 1 contract

Samples: Exclusive License Agreement (Erasca, Inc.)

AutoNDA by SimpleDocs

Recovery. Except as otherwise provided, the costs and expenses of the Party bringing suit under Section 4.3 9.3 (Enforcement) shall be borne by such Party, and any damages, settlements or other monetary awards recovered shall be shared as follows: (ia) the amount of such recovery actually received by the Party controlling such action shall first be applied to the out-of-pocket costs of each Party in connection with such action; and then (iib) the remainder of the recovery shall be shared between the Parties as follows:

Appears in 1 contract

Samples: Collaboration and License Agreement (Kezar Life Sciences, Inc.)

Recovery. Except as otherwise provided, the costs and expenses of the Party bringing suit under Section 4.3 (Enforcement) 4.4 shall be borne by such Party, and any damages, settlements or other monetary awards recovered shall be shared as follows: (ia) the amount of such recovery actually received by the Party controlling such action shall first be applied to the out-of-pocket costs of each Party in connection with such action; and then (iib) the remainder of the recovery shall be shared between the Parties as follows:

Appears in 1 contract

Samples: Exclusive License Agreement (Puma Biotechnology, Inc.)

Recovery. Except as otherwise provided, the costs and expenses of the Party bringing suit under Section 4.3 (Enforcement) shall be borne by such Party, and any damages, settlements or other monetary awards recovered shall be shared as follows: (i) the amount of such recovery actually received by the Party controlling such action shall first be applied to the out-of-pocket costs of (1) the Enforcing Party and (2) the other Party, to the extent requested by the Enforcing Party, in each Party case in connection with such action; and then (ii) the remainder of the recovery shall be shared between the Parties as follows:

Appears in 1 contract

Samples: Exclusive License Agreement (Amplitude Healthcare Acquisition Corp)

Recovery. Except as otherwise provided, the The costs and expenses of the Party bringing suit under Section 4.3 (Enforcement5(d) or 5(e) shall be borne by such Party, and any damages, settlements or other monetary awards recovered shall be shared as follows: (i) the amount of such recovery actually received by the Party controlling such action shall first be applied to the out-of-pocket costs of each Party in connection with such action; and then (ii) the remainder of the recovery shall be shared between the Parties as follows:

Appears in 1 contract

Samples: Exclusive License Agreement (Cytrx Corp)

Recovery. Except as otherwise provided, the The costs and expenses of the Party bringing suit under Section 4.3 (Enforcement4(e) or 4(f) shall be borne by such Party, and any damages, settlements or other monetary awards recovered shall be shared as follows: (i) the amount of such recovery actually received by the Party controlling such action shall first be applied to the out-of-pocket costs of each Party in connection with such action; and then (ii) the remainder of the recovery shall be shared between the Parties as follows:

Appears in 1 contract

Samples: Exclusive License Agreement (NantKwest, Inc.)

Time is Money Join Law Insider Premium to draft better contracts faster.