Common use of Initial Allocation Clause in Contracts

Initial Allocation. Such damages or other sums recovered shall first be subject to Section 7.5.2(g) if such damages relate to the Michigan Patents, and then shall be applied for actions brought [***], to all out-of-pocket costs and expenses incurred by each Party directly in connection with such action (including, for this purpose, [***]), and if such recovery is insufficient to cover all such costs and expenses of both Parties with respect to an action [***], it shall be [***]; and

Appears in 1 contract

Sources: Master Research and Collaboration Agreement (OncoMed Pharmaceuticals Inc)

Initial Allocation. Such damages or other sums recovered shall first be subject to Section 7.5.2(g7.5.2(e) if such damages relate to the Michigan Patents, and then shall be applied for actions brought [***], to all out-of-pocket costs and expenses incurred by each Party directly in connection with such action (including, for this purpose, [***]), and if . If such recovery is insufficient to cover all such costs and expenses of both Parties with respect to an action [***]Parties, it shall be [***]; and.

Appears in 1 contract

Sources: Master Research and Collaboration Agreement (OncoMed Pharmaceuticals Inc)

Initial Allocation. Such damages or other sums recovered shall first be subject to Section 7.5.2(g7.5.2(e) if such damages relate to the Michigan Patents, and then shall be applied for actions brought [***], to all out-of-pocket costs and expenses incurred by each Party directly in connection with such action (including, for this purpose, [***]), and if . If such recovery is insufficient to cover all such costs and expenses of both Parties with respect to an action [***]Parties, it shall be [***]; and

Appears in 1 contract

Sources: Master Research and Collaboration Agreement (OncoMed Pharmaceuticals Inc)