Common use of Expenses and Recoveries Clause in Contracts

Expenses and Recoveries. The enforcing Party bringing a claim, suit or action under this Section 9.3(b) shall be solely responsible for any expenses incurred by such Party as a result of such claim, suit or action. If such Party recovers monetary damages in such claim, suit or action, such recovery shall first be allocated to the reimbursement of any expenses incurred by the Parties in such litigation (including, for this purpose, a reasonable allocation of expenses of internal counsel). If such recovery is insufficient to cover all such costs and expenses of both Parties, it shall be shared in proportion to the total of such costs and expenses incurred by each Party. If after such reimbursement any amounts remain from such damages or other sums recovered, such remaining amounts shall be [***].

Appears in 1 contract

Sources: Collaboration and License Agreement (Arrowhead Pharmaceuticals, Inc.)

Expenses and Recoveries. The enforcing Party bringing a claim, suit or action under this Section 9.3(b9.4(b) shall be solely responsible for any expenses incurred by such Party as a result of such claim, suit or action. If such Party recovers monetary damages in such claim, suit or action, such recovery shall first be allocated to the reimbursement of any expenses incurred by the Parties in such litigation (including, for this purpose, a reasonable allocation of expenses of internal counsel). If such recovery is insufficient to cover all such costs and expenses of both Parties, it shall be shared in proportion to the total of such costs and expenses incurred by each Party. If after such reimbursement any amounts funds remain from such damages or other sums recovered, if Amgen brought such suit, such remaining amounts funds shall be [***].

Appears in 1 contract

Sources: Collaboration and License Agreement (Arrowhead Pharmaceuticals, Inc.)

Expenses and Recoveries. The enforcing Party bringing a claim, suit or action under this Section 9.3(b) 7.3 shall be solely responsible for any expenses incurred by such Party as a result of such claim, suit or action. If such Party recovers monetary damages in such claim, suit or action, such recovery shall first be allocated to the reimbursement of any expenses expenses, including attorneys’ fees, incurred by the Parties in such litigation (including, for this purpose, a reasonable allocation of expenses of internal counsel). If such recovery is insufficient to cover all such costs and expenses of both Parties, it shall be shared in proportion to the total of such costs and expenses incurred by each Party. If after such reimbursement any amounts remain from such damages or other sums recovered, such remaining amounts shall be [***]; provided that, [***].

Appears in 1 contract

Sources: License and Collaboration Agreement (Alpine Immune Sciences, Inc.)

Expenses and Recoveries. The enforcing Party bringing a claim, suit or action under this Section 9.3(b10.4(b) shall be solely responsible for any expenses incurred by such Party as a result of such claim, suit or action. If such Party recovers monetary damages in such claim, suit or action, such recovery shall first be allocated to the reimbursement of any expenses incurred by the Parties in such litigation (including, for this purpose, a reasonable allocation of expenses of internal counsel). If such recovery is insufficient to cover all such costs and expenses of both Parties, it shall be shared in proportion to the total of such costs and expenses incurred by each Party. If after such reimbursement any amounts remain from such damages or other sums recovered, such remaining amounts shall be [***].Confidential

Appears in 1 contract

Sources: Collaboration and License Agreement (Arrowhead Pharmaceuticals, Inc.)