Common use of Acknowledgement of Blended Royalty Clause in Contracts

Acknowledgement of Blended Royalty. (i) The Parties hereby acknowledge and agree that royalties may become payable by Forest to Adamas hereunder for Products for which there are no Valid Claims of an Adamas Patent Right, including any Adamas Memantine Patent Right, and that such royalties are in consideration of each of the following, separately and together: (A) Adamas’ expertise and Know-How relating to the Products and (B) licenses granted to Forest with respect to the Adamas Know-How that is not within the claims of any Adamas Patent Right, including any Adamas Memantine Patent Right. The Parties agree that the royalty rates set forth in Section 6.4(a), (b) and (c) reflect an efficient and reasonable blended allocation of the value provided by Adamas to Forest.

Acknowledgement of Blended Royalty. (i) The Parties hereby acknowledge and agree that royalties may become payable by Forest Xxxxxx to Adamas Xxxxxx hereunder for Products for which there are no Valid Claims of an Adamas Xxxxxx Patent Right, including any Adamas Memantine Patent Right, and that such royalties are in consideration of each of the following, separately and together: (A) AdamasXxxxxx’ expertise and Know-How relating to the Products and (B) licenses granted to Forest with respect to the Adamas Know-How that is not within the claims of any Adamas Xxxxxx Patent Right, including any Adamas Memantine Patent Right. The Parties agree that the royalty rates set forth in Section 6.4(a), (b) and (c) reflect an efficient and reasonable blended allocation of the value provided by Adamas Xxxxxx to Forest.