I can't remember what I read recently (might have been in the TPL v Brown filings) that lead me to conclude that somehow TPL was still getting theirs in additional to Alliacense. I can't say I'm positive about it, and I would've expected what you surmised, but I'm leaning toward what I posted. Not gonna go back and search it out but if I come accross it again, I will let you know and post it.
As for Agility having a longer term entitlement, I certainly think that's feasible, and maybe even likely. If I thought we had a strong case and high likelihood of success, I would have tried to make that agreement myself, so if they do, that could be add a flavor of confidence to the current picture. I'd be happy if that were to prove true, in a sense, though based on the Leckrone's tactics and the fact that Agility is a Leckrone hire from what I understand, the cynic in me wouldn't be surprised if some of that contingency or possible down the road participation didn't somehow round trip it's way back into Lecky's pocket.