Additional Royalties. Upon *** in each country of the Territory, Licensee agrees to pay to Bayer, for ***, a royalty equal to *** of annual Net Sales of the Product in such country.
Additional Royalties. In addition to the royalties set forth in Section 4.1, Luitpold agrees to pay to BMPI ** of any license fees and milestone payments other than payments in respect of or measured by Net Sales, received by Luitpold or any Affiliate from ** for rights to distribute the Licensed Products to U.S. hospitals and surgical centers for the repair, restoration or reconstruction of cranio-maxillofacial osseous defects.
Additional Royalties. Merck shall pay to Sutro the following additional [*] royalty payments (the “Additional Royalties”): (i) an additional royalty of [*]% on aggregate annual worldwide Net Sales of Product generated by Merck in the [*] full Calendar Year following the First Major Commercial Sale (as defined below); (ii) an additional royalty of [*]% on aggregate annual worldwide Net Sales of Product generated by Merck in the [*] full Calendar Year following the First Major Commercial Sale; and (iii) an additional royalty of [*]% on aggregate annual worldwide Net Sales of Product generated by Merck in the [*] full Calendar Year following the First Major Commercial Sale. [*]. As used herein, the “First Major Commercial Sale” means the First Commercial Sale in any of the Major Market Countries.
Additional Royalties. Within [ * ] after the end of each calendar year during the term of this Agreement, Xxxxx shall make any additional royalty payments that may be required by Section 4.1.2(c) to Tularik on Net Sales of Significant Market Products during such calendar year. The amount of any such additional royalties shall be determined as follows:
(a) First, the amount of Net Sales of Significant Market Products shall be [ * ] "Aggregate Amount"). The portion of the Aggregate Amount allocable to [ * ] under this Agreement is the "Allocable Portion."
(b) Second, [ * ] will be determined by ascertaining whether the Effective Date precedes or follows the date on which the Parties executed any license agreement (other than this Agreement) for which worldwide net sales are equal to or greater than [ * ] in any given calendar year. The net sales of products or of Significant Market Products under [ * ] shall be considered the first net sales (i.e., sales from $1 upward) and the royalty rate applicable to net sales of less than [ * ] of such product or Significant Market Product shall be [ * ] Net sales of subsequently executed agreement(s) shall be considered sales made in addition to net sales made under the earliest executed agreement. The foregoing is illustrated in the following example: [ * ]. [ * ] [ * ] [ * ] [ * ] [ * ] [ * ] [ * ] [ * ]
(c) Xxxxx shall pay to Tularik any additional royalty due pursuant to this Section 4.1.2 equal to the amount, if any, by which the amount of royalties due to Tularik with respect to the Allocable Portion determined pursuant to Section 4.1.2(a) and (b) exceeds the amount previously paid or due and payable to Tularik pursuant to Section 4.1.1.
Additional Royalties. In addition to the Royalties, DMG will pay TufAmerica additional quarterly royalties (the “Additional Royalties”) equal to [*] percent ([*]%) of the Net Receipts. For the avoidance of doubt, the Additional Royalties are not subject to recoupment. Payments of Additional Royalties will be made on or before the end of the calendar quarter subsequent to the calendar quarter in which monies relating to the Additional Royalties were actually received by DMG or any * Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted provisions. of DMG’s affiliates. TufAmerica shall account directly to any artist for the Additional Royalties, as provided for in the agreements between TufAmerica and artists, and shall, during the Term, provide DMG with copies of the applicable royalty or accounting statements. In the event TufAmerica fails to account directly to any artist for the Additional Royalties or fails, and continues to fail, to provide DMG with copies of the applicable royalty or accounting statements DMG shall have the option to, on TufAmerica’s behalf, pay the Additional Royalties directly to the artists.
Additional Royalties. At Closing, SPD will cause each of Springer Mining and Nevada Royalty, as applicable, to execute in favour of GPUS, or an Affiliate of GPUS as directed by GPUS in writing, the royalty grant agreement in the form attached hereto at Schedule "F" in respect of each of the Additional Royalties set forth in Schedule "D".
Additional Royalties. For a period commencing on the date of this Agreement and expiring on October 15, 2005, Delta shall not acquire any mineral, landowner's royalty or overriding royalty interests (collectively, "Additional Royalties") from Savant, the Participants, Xxxx X. Xxxxxxxxxx, Xxxxx X. Xxxxx, Xxxx X. Xxxx, Xxx X. Xxxxxxxxxx, Xxx X. Law or Xxxxxx X. Xxxxxx, their affiliates, or their spouses, children or trusts for such parties, covering any land within the CRB Area. From and after October 15, 2005 and during the remainder of the Standstill Period (described in Section 11 above), if either Party (the "Acquiring Party") acquires any Additional Royalties, either directly or indirectly, the Acquiring Party shall deliver written notice thereof to the other Party (the "Receiving Party") describing the interest acquired, the actual cost thereof, and the offering the Receiving Party the opportunity to acquire the Receiving Party's proportionate share of such Additional Royalties in accordance with the terms and conditions hereof. For purposes of this Section 11(c), Savant's proportionate share shall be equal to fifty percent (50%), and Delta's proportionate share shall be equal to fifty percent (50%). The Receiving Party shall have thirty (30) days after receipt of such notice in which to elect to participate in such acquisition by written notice delivered to the Acquiring Party of the Receiving Party's election to participate along with payment of the Receiving Party's proportionate share of the cost of such acquisition. The failure of the Receiving Party to deliver to the Acquiring Party such written election, along with payment, within said time period shall be deemed conclusively to be an election not to participate in such acquisition. If the Receiving Party elects to participate in such Additional Royalties hereunder, the Acquiring Party shall promptly execute, acknowledge and deliver to the Receiving Party an assignment, in recordable form, of the Receiving Party's proportionate share of such Additional Royalties.
Additional Royalties. 4% on all sales of any ancillary products or accessories developed for the Rotaflex Exercise system, using the Rotafelx or Dynaflex technologies, as well as licensed products and sportswear.
Additional Royalties. (a) Subject to Section 4.4(b) above, commencing at the start of the first full calendar quarter which is at least forty-five (45) days after the date on which the FDA approves the NDA for the first Licensed Product, and terminating [ * ] thereafter, FHI shall owe and pay to CVT a royalty on Net Sales of [ * ] in the Territory as follows: (i) for that portion of Net Sales of [ * ] by FHI or its Affiliates or sublicensees up to [ * ] in each one (1)-year period (as defined below), FHI shall owe and pay CVT [ * ]; (ii) for that portion of Net Sales of [ * ] by FHI or its Affiliates or sublicensees over [ * ] in each one (1)-year period and up to [ * ] in each one (1)-year period, FHI shall owe and pay CVT a royalty equal to [ * ] of such Net Sales of [ * ] by FHI or its Affiliates or sublicensees; and (iii) for that portion of such Net Sales of [ * ] by FHI or its Affiliates or sublicensees in excess of [ * ] in each one (1)-year period, FHI shall owe and pay CVT a royalty equal to[ * ] of Net Sales of [ * ] by FHI or its Affiliates or sublicensees. For purposes of this provision, the one (1)-year periods for measurement of Net Sales of [ * ] shall consist of periods of four (4) calendar quarters, commencing as set forth above. [ * ] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24-b2 OF THE SECURITIES AND EXCHANGE ACT OF 1934, AS AMENDED.
(b) Subject to Section 4.4(b) above, after the expiration of such [ * ] period under clause (a), FHI shall pay CVT royalty equal to [ * ] of Net Sales of [ * ] by FHI or its Affiliates or sublicensees for that portion of Net Sales in excess of [ * ] per one (1)-year period (as measured as provided above).
(c) Subject to Section 4.4(b) above, FHI's obligations to pay royalties to CVT under this Section 5.6 shall expire in the same fashion and at the same time as FHI's obligations to CVT under Section 5.5(a) hereof, as more fully described in Section 5.5(b) hereof; provided, however, that if FHI's underlying license agreement(s) with all Third Parties with respect to [ * ] have been terminated, or if [ * ] or its manufacture, use or sale in the U.S. have expired, terminated or lapsed or is no longer covered by a Valid Claim within any Patent in the U.S., then FHI's obligations to pay royalties to CVT under this Section 5.6 shall terminate upon the effective date set forth in Sections 4.4(a) a...
Additional Royalties. Any royalties in excess of 6% of gross production due and payable with respect to the Property shall be deducted by the Management Committee from KG's share of the Net Income in determining the amount to be distributed to KG. The Management Committee shall pay these additional royalties to the respective holders of these royalty interests monthly within 30 days following receipt of the proceeds from the sale of the Mineral Products.
