Common use of Adjustment of Royalty Rates Clause in Contracts

Adjustment of Royalty Rates. At the request of MMD, the royalty rates set forth in subsection 7.2.1. shall be appropriately adjusted by TKT and MMD (i) with respect to sales of "generic" or "non-branded" * covered by the TKT Patent Rights or which uses the TKT Technology by MMD in any country within a Territory Block in which MMD elects to make such sales to compete with sales by any Third Party of a "generic" or "non- branded" pharmaceutical formulation of **************************** ******************************************* or (ii) with respect to sales of "branded" * covered by the TKT Patent Rights or which uses the TKT Technology by MMD in any country within the MMD Territory in which MMD experiences competition in the market for * which was not in existence on the Effective Date and the TKT Patent Rights have been judged to be invalid or unenforceable. In addition, TKT agrees to meet with MMD at its request and negotiate in good faith concerning whether other adjustments to the royalty rates set forth in subsection 7.2.1. should be made in the event that MMD demonstrates to TKT's reasonable satisfaction that there have been structural changes in the market for * in any country which have rendered the royalty rates set forth in subsection 7.2.1

Adjustment of Royalty Rates. At the request of MMD, the royalty rates set forth in subsection 7.2.1. shall be appropriately adjusted by TKT and MMD (i) with respect to sales of "generic" or "non-branded" * GA-EPO covered by the TKT Patent Rights or which uses the TKT Technology by MMD in any country within a Territory Block in which MMD elects to make such sales to compete with sales by any Third Party of a "generic" or "non- non-branded" pharmaceutical formulation of **************************** ******************************************* erythropoietin protein or (ii) with respect to sales of "branded" * GA-EPO covered by the TKT Patent Rights or which uses the TKT Technology by MMD in any country within the MMD Territory in which MMD experiences competition in the market for * GA-EPO which was not in existence on the Effective Date and the TKT Patent Rights have been judged to be invalid or unenforceable. In addition, TKT agrees to meet with MMD at its request and negotiate in good faith concerning whether other adjustments to the royalty rates set forth in subsection 7.2.1. should be made in the event that MMD demonstrates to TKT's reasonable satisfaction that there have been structural changes in the market for * GA-EPO in any country which have rendered the royalty rates set forth in subsection 7.2.1.