Sole Territory. costs that are incurred by a Party under Sections 10.3, 10.4 and 10.5 with respect to its or the other Party’s Sole Territory shall be borne solely by the Party defending a claim or initiating an action under such Sections. Any amounts recovered as a result of an action under such Sections shall be use first to reimburse the expenses incurred by the Parties in connection with such action. Any remaining recovery with respect to the Sole Territory shall be allocated * to the Party whose Territory is at issue and * to the other Party.
Appears in 3 contracts
Sources: Co Development and Commercialization Agreement, Co Development and Commercialization Agreement (Acucela Inc.), Co Development and Commercialization Agreement (Acucela Inc)