Common use of Distribution of Amounts Paid by Third Parties Clause in Contracts

Distribution of Amounts Paid by Third Parties. Any award paid by Third Parties as a result of such an Infringement action (whether by way of settlement or otherwise) solely with respect to the Field of Use if the BCH Patent Rights are not involved, and solely with respect to the Expanded Field of Use if the BCH Patent Rights are involved, shall be applied first to reimburse all participating Parties for all out-of-pocket costs and expenses incurred by the Parties with respect to such action on a pro rata basis and, if after such reimbursement any funds shall remain from such award, [**] percent ([**]%) of such remaining funds shall be paid to Akouos and [**] percent ([**]%) of such remaining funds shall be [**] between MEE and any Third Parties joining the Infringement action. Any such amounts awarded to Akouos shall be treated as Net Sales and subject to Akouos’ obligation to make royalty payments pursuant to Section 3.3.