definiens: shall mean the amount of Royalty that would be paid to [COMPANY] under Section 4.3 in the Annual Net Sales Period in which such remaining funds are received on such remaining funds assuming such remaining funds were deemed to be Net Sales in such Annual Net Sales Period ; ( b ) ifEpiCept has instituted and maintained such action alone, [COMPANY] shall be entitled 10 retain such remaining funds less ( he Deemed Royalty Obligation, which Deemed Royalty Obligation shall be paid to [COMPANY] ; or ( c ) if the Parties and, if relevant, EpiCepfs licensees under the EDGAR Licenses have cooperated in instituting and maintaining such action, the Parties shall allocate such remaining funds among themselves in the following order of priority : ( i ) first, to reimburse each Party and any participating licensee under the EDGAR Licenses for all litigation costs incurred in connection with sqch proceeding paid by that Party / participating licensee and not otherwise recovered ( on a pro rata basis based upon each Party 's respective litigations costs, to the extent the recovery was less than all such litigation costs ) ; and ( ii ) second, the remainder of the recovery s hall be shared equally