Common use of Additional Royalty Following Approval of Post-myocardial Infarction Indication Clause in Contracts

Additional Royalty Following Approval of Post-myocardial Infarction Indication. If an FDA approval of the Product for the indication post-myocardial infarction has been obtained so that the Product can be marketed and sold for this indication in the Territory and provided that such indication is covered by a valid patent in the Territory held by Pharmacia Italia S.p.A., RELIANT shall pay an additional royalty fee to Pharmacia Italia S.p.A (as described on Schedule 7.3), such additional royalty fee not to exceed [***] percent ([***]%) of net sales set out in Schedule 7.3. The royalty fee shall be payable in accordance with this Agreement but subject to the conditions set out in Schedule 7.3. PRONOVA (i) represents and warrants to RELIANT that, as of the date of this Agreement, PRONOVA is not party to any other agreements, licenses or arrangements pursuant to which a royalty, license fee or similar payment would be due from RELIANT in the event that the Product is approved for any other indications other than HTG and post-myocardial infarction, and (ii) covenants to RELIANT that, during the term of this Agreement, PRONOVA shall not enter into any other agreements, licenses or arrangements pursuant to which a royalty, license fee or similar payment would be due from RELIANT in the event that the Product is approved for any other indications other than HTG and post-myocardial infarction. In addition to the foregoing, the Parties shall cooperate with each other regarding matters related to the patent that Pharmacia Italia S.p.A is seeking in the Territory referenced in Schedule 1.22.

Additional Royalty Following Approval of Post-myocardial Infarction Indication. If an FDA approval of the Product for the indication post-myocardial infarction has been obtained so that the Product can be marketed and sold for this indication in the Territory and provided that such indication is covered by a valid patent in the Territory held by Pharmacia Italia S.p.A.A. , RELIANT shall pay an additional royalty fee to Pharmacia Italia S.p.A (as described on Schedule 7.3), such additional royalty fee not to exceed [***] percent ([***]%) of net sales set out in Schedule 7.3. The royalty fee shall be payable in accordance with this Agreement but subject to the conditions set out in Schedule 7.3. PRONOVA (i) represents and warrants to RELIANT that, as of the date of this Agreement, PRONOVA is not party to any other agreements, licenses or arrangements pursuant to which a royalty, license fee or similar payment would be due from RELIANT in the event that the Product is approved for any other indications other than HTG and post-myocardial infarction, and (ii) covenants to RELIANT that, during the term of this Agreement, PRONOVA shall not enter into any other agreements, licenses or arrangements pursuant to which a royalty, license fee or similar payment would be due from RELIANT in the event that the Product is approved for any other indications other than HTG and post-myocardial infarction. In addition to the foregoing, the Parties shall cooperate with each other regarding matters related to the patent that Pharmacia Italia S.p.A is seeking in the Territory referenced in Schedule 1.22.