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) [***].
Appears in 3 contracts
Sources: Asset Purchase Agreement (Kiniksa Pharmaceuticals, Ltd.), Asset Purchase Agreement (Kiniksa Pharmaceuticals, Ltd.), Asset Purchase Agreement (Kiniksa Pharmaceuticals, Ltd.)
Allocation of Recoveries. Any settlements, damages or monetary awards (collectively, a “Recovery”) recovered by either Party pursuant to any Infringement Response (other than to an Excepted Infringement) shall, after reimbursing the Parties for their reasonable out-of-pocket expenses in making such recovery recovery, be retained by or paid to Lilly and Sigilon, on a [***] percent (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, %) (Lilly) to [***] percent ([***]; and %) (bSigilon) [***]basis.
Appears in 2 contracts
Sources: Research Collaboration and Exclusive License Agreement (Sigilon Therapeutics, Inc.), Research Collaboration and Exclusive License Agreement (Sigilon Therapeutics, Inc.)
Allocation of Recoveries. Any settlements, damages or monetary awards (collectively, a “Recovery”) recovered by either Party pursuant to any Infringement Response shall, after Action will (i) first be allocated to reimbursing the Parties for their reasonable out-of-pocket expenses in making such recovery (which amounts shall will 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 (bii) [***].
Appears in 2 contracts
Sources: License and Collaboration Agreement (Landos Biopharma, Inc.), License and Collaboration Agreement (LianBio)
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) [***].
Appears in 2 contracts
Sources: Non Exclusive License Agreement (SWK Holdings Corp), Non Exclusive License Agreement (Cara Therapeutics, Inc.)
Allocation of Recoveries. Any settlements, damages or monetary awards (collectively, a “Recovery”) recovered by either Party pursuant to any Infringement Response shall, after Action will (i) first be allocated to reimbursing the Parties for their reasonable out-of-pocket expenses in making such recovery (which amounts shall will be allocated pro rata if insufficient to cover the totality of such expenses), and (ii) be allocated as follows:
(aA) to the extent such Infringement Response is instituted by Kiniksa, [***]; provided, that, [***]; and ] or (bB) [***].
Appears in 2 contracts
Sources: License and Collaboration Agreement (Lyra Therapeutics, Inc.), License and Collaboration Agreement (LianBio)
Allocation of Recoveries. Any monetary 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, Recovery [***]; provided, that, [***]; and (b) with the remainder to be [***].
Appears in 1 contract
Sources: Research Collaboration and Exclusive License Agreement (Aduro Biotech, Inc.)
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 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) [***].
Appears in 1 contract