Common use of Enforcement Procedure Clause in Contracts

Enforcement Procedure. In the event either Party brings an infringement action in accordance with this Section 11.4, the other Party shall cooperate fully, including, if required to bringing such action, furnishing of a power of attorney or being joined as a party plaintiff in such action. The costs of any litigation commenced pursuant to this Section 11.4, including attorneys' fees and expenses, but excluding any allocation for internal resources devoted to the litigation, shall be included in Patent Costs in the manner provided for in the definition of such term. Any recovery realized as a result of such litigation shall be allocated to reimburse Patent Costs. Any remaining recovery shall be split [*] by the Parties (net of any amount thereof that must be paid to the licensor under any of the Existing Third Party Licenses). No settlement or consent judgment or other voluntary final disposition of a suit under this Section 11.4 may be entered into without the joint consent of Corgentech and BMS. Any recovery shall be split as provided in this Section 11.4(c), shall not be applied to reduce Patent Costs and shall not be included in the calculation of Allowable Expenses or Profit or Loss.

Enforcement Procedure. In the event either Party brings an infringement action in accordance with this Section 11.4, the other Party shall cooperate fully, including, if required to bringing such action, furnishing of a power of attorney or being joined as a party plaintiff in such action. The costs of any litigation commenced pursuant to this Section 11.4, including attorneys' fees and expenses, but excluding any allocation for internal resources devoted to the litigation, shall be included in Patent Costs in the manner provided for in the definition of such term. Any recovery realized as a result of such litigation shall be allocated to reimburse Patent Costs. Any remaining recovery shall be split [*] by the Parties (net of any amount thereof that must be paid to the licensor under any of the Existing Third Party Licenses). No settlement or consent judgment or other voluntary final disposition of a suit under this Section 11.4 may be entered into without the joint consent of Corgentech and BMS[*]. Any recovery shall be split as provided in this Section 11.4(c), shall not be applied to reduce Patent Costs [*] and shall not be included in the calculation of Allowable Expenses or Profit or Loss[*].