Advances and Royalties Sample Clauses

Advances and Royalties. 9.1 If an Advance and/or Royalties are set out as payable in the Term Sheet Clause 9 shall apply. 9.2 The Licensee shall pay to DACS the Advance, if applicable, within 30 days from the date of invoice, unless agreed otherwise with DACS in writing. 9.3 Subject to recouping the Advance from Royalties, the Licensee shall, following recoupment, pay to DACS the Royalties as set out below. 9.4 Within 28 days of the end of each Royalty Period (and within 28 days after the date of termination or expiry of this Agreement) and as long as the Licensee or any of its Associates receive any monies or other benefits arising from the exploitation of the Licence, the Licensee shall provide a statement to DACS setting out: (a) the number of copies of the Licensed Product sold during the relevant Royalty Period and the price of the same; (b) if applicable, the number of copies of the Licensed Products printed or manufactured during the Royalty Period but not yet sold or distributed; (c) the number of copies of the Licensed Product given away for publicity or review purposes; (d) if applicable, the number of copies lost through damage or theft, destroyed, pulped or remaindered or for any other reason for which the Licensee considers no Royalty to be due; and (e) any other particulars as DACS may reasonably require. 9.5 Upon receipt of the Royalty Statement, DACS shall issue an invoice for any sums set out as due, and the Licensee shall make payment of the same within ten days of receipt of such invoice. 9.6 The Royalties shall be based on the number of Licensed Products sold. The Licensee may not make any further deductions whatsoever, including provisions against uncollected or uncollectible amounts, costs, overhead, etc, from the Royalties due to DACS. However, The Licensee shall be entitled to give away no more than ten copies of the Licensed Product for the purposes of publicity and review, and no Royalty shall be payable on such copies given away. 9.7 The Licensee shall not give any more than ten Licensed Products away as Premiums without DACS’ prior written approval.
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Advances and Royalties. Conditioned upon your full and faithful performance of all of the terms and conditions hereof, Company shall pay to you with respect to the exploitation of Records hereunder a royalty of twenty percent (20%) of the Suggested Retail List Price for top-line Albums sold through Normal Retail Channels in the United States, as computed, calculated and reduced including, without limitation, reductions for containers, free goods, mid. price and budget price categories and foreign sales, pursuant to Company’s Agreement with its distributor. “Net royalties and advances” shall mean the gross royalties and advances received by Company less all Recording Costs, advances payable to the individual producer of the Masters, video production costs, tour support payments, promotion and publicity expenses, Demo recording costs, payments to third parties in connection with the exploitation of rights, and any other costs or expenses incurred by Company in connection with the production, promotion, or exploitation of the Masters and Records derived therefrom hereunder.
Sample 1
Advances and Royalties. (a) Licensee shall pay to Licensor a non-returnable advance against Royalties, as that term is defined herein (“Advance”) of one hundred thousand dollars ($100,000.00) upon execution of this Agreement. (b) The Advance payment shall be recoupable by Licensee out of fifty percent (50%) of the Royalties which would otherwise be payable to Licensor until such time as Licensee has recouped the Advance, at which time one hundred percent (100%) of Royalties shall be paid to Licensor. Except as provided in this Section 4(b), the Advance shall not applied or credited toward any payment otherwise due or becoming due under this Agreement or the License Agreement or the Canadian Trademark License Agreement. (c) Royalties shall be paid every quarter with the first reporting period to cover October through December 2005 within sixty (60) days from the last day of such calendar quarter, which Royalties shall be accompanied by a statement of sales from all sources. (d) In addition to the Royalty payments and statements, Licensee shall submit monthly sales statements to show gross shipments itemized by Products to Licensor for sales from all sources by the end of each month subsequent to the prior reporting month with the first sales statement due November 30, 2005 for sales during the period of October 2005. Time shall be of the essence in respect of all Licensee’s obligations to pay any and all sums due to Licensor under this Agreement. (e) In the event Licensee fails to timely make payments due under this Agreement or the License Agreement or the Trademark License Agreement entered into between K-tel International, Ltd. and the Licensee dated the date hereof (the “Canadian Trademark License Agreement”) then, this Agreement, License Agreement and the Canadian Trademark License Agreement shall concurrently terminate subject to the notice and cure provision of Section 11 herein. (f) Licensee agrees to pay to Licensor royalties (“Royalties”) of: (i) thirty cents (30¢) per unit on one hundred percent (100%) of all compact disc audio Products and all karaoke audio Products sold and paid for, without deductions, with a wholesale price floor of $3.00 per unit (“Minimum Base Price”) subject to Section 4(g) below; (ii) ten percent (10%) of the wholesale selling price per unit on one hundred percent (100%) of all DVD audio Products sold and paid for, without deductions, with a wholesale price floor equal to the Minimum Base Price; (g) Notwithstanding the foregoing, Licensee may fr...
Sample 1

Related to Advances and Royalties

  • Payments and Royalties 3.1 As an initial non-refundable payment for the licenses and rights herein granted to SHENZHEN HIGH POWER under this Agreement, SHENZHEN HIGH POWER shall pay to OBC the up-front fees, without subtraction or deduction of Chinese withholding taxes, if any, pursuant to the schedule set forth in Appendix II attached hereto. 3.2 In addition to the lump sum payment under Article 3.1 above, SHENZHEN HIGH POWER shall pay to OBC non-refundable running royalties, also pursuant to the schedule set forth in Appendix II hereto, of the Net Selling Price of the Licensed Consumer Hydride Batteries sold or Otherwise Disposed Of by SHENZHEN HIGH POWER and its Affiliates (either directly or through sales representatives or agents) in any country of the world during the period commencing on the Effective Date of this Agreement and ending upon the expiration of the last to expire of the Licensed Patents. 3.3 Notwithstanding that a Licensed Consumer Hydride Battery may be covered by (i) the claims of one or more of the Licensed Patents or (ii) the claims of one or more of the Licensed Patents in one or more countries throughout the world, SHENZHEN HIGH POWER, in connection with the manufacture or sale of the Licensed Consumer Hydride Batteries by SHENZHEN HIGH POWER, its successors or assigns shall be obliged to pay a single royalty hereunder and only on the first sale of such Licensed Consumer Hydride Batteries and not on any subsequent sale or resale thereof and all end-users, distributors, customers, dealers, or suppliers of SHENZHEN HIGH POWER, its successors or assigns of such Licensed Consumer Hydride Batteries shall be licensed to use and/or sell the same. 3.4 All statements submitted and all payments made pursuant to Article 3.1 and Article 3.2 herein shall be stated and made in U.S. legal tender at the selling rate of authorized foreign exchange bankers in various individual countries under the license for transfers to New York in U.S. dollars on the date on which payments are made as required hereunder.

  • Fees and Royalties In consideration for the license granted herein to LICENSEE under Patent Rights LICENSEE agrees to pay to UNIVERSITY: (a) license maintenance fees of i) [***] on the [***] anniversary of the Effective Date, and ii) [***] on the [***] anniversary of the Effective Date, and iii) [***] on the [***] and annually thereafter on each anniversary of the Effective date; (b) an earned royalty of [***] on Net Sales; [***] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. (c) [***] of all sublicense fees received by LICENSEE from its Sublicensees that are not earned royalties. All fees and royalty payments specified in this Paragraph 3.1 shall be paid by LICENSEE in accordance with the provisions of Paragraph 4.3. If there are multiple, stacking royalties required to be paid by LICENSEE to any third party in order to exercise its rights hereunder to make, have made, use or sell the Licensed Products and the resulting aggregate royalty rate is [***], then the royalty rate under Section 3.1.(b) will be adjusted so that the combined royalty payments from LICENSEE to all of its licensors, including UNIVERSITY, does not exceed [***]. The royalty rate payable to UNIVERSITY will be reduced [***] to a rate determined by [***], provided, however, that in no event shall the royalty rate payable to LICENSEE be less than [***]. Notwithstanding the foregoing, if LICENSEE’s agreement with any of such other licensors provides for a royalty proration formula based on an aggregate royalty rate [***], LICENSEE and UNIVERSITY will replace the aggregate royalty rate set forth in this Section with [***].

  • License Fees and Royalties Consistent with the applicable U.S. DOT Common Rules, the Recipient agrees that license fees and royalties for patents, patent applications, and inventions produced with federal assistance provided through the Underlying Agreement are program income, and must be used in compliance with federal applicable requirements.

  • Earned Royalties In partial consideration of the License and subject to Sections 3.7 and 3.8, Company will pay to Penn: (i) a graduated royalty as set forth in the table below based upon worldwide annual Net Sales made by Company and its Affiliates (but not sublicensees) of any Designated Compound Sold for use in the Field of Use while covered in the country of Sale of expected use by a Valid Claim of the Assigned BMS Patents that is licensed to Company under the License (but no other Licensed Product): <$500 million [CONFIDENTIAL TREATMENT REQUESTED] /*/% >$500 million but <$750 million [CONFIDENTIAL TREATMENT REQUESTED] /*/% >$750 million but <$1 billion [CONFIDENTIAL TREATMENT REQUESTED] /*/% >$1 billion [CONFIDENTIAL TREATMENT REQUESTED] /*/% [CONFIDENTIAL TREATMENT REQUESTED] /*/ PATENT LICENSE AGREEMENT (ii) a royalty of [CONFIDENTIAL TREATMENT REQUESTED] /*/ percent ([CONFIDENTIAL TREATMENT REQUESTED] /*/%) of Net Sales made by Company and its Affiliates (but not sublicensees) for all Licensed Products that qualify as “Licensed Products” hereunder based on clause (b) of that definition and Sold while covered in the country of Sale of expected use by a Valid Claim of the Penn Existing Patents or Penn New Patents; provided that, notwithstanding any credits provided for in Section 3.7 but subject in all events to Section 3.8, royalties payable by Company for such Net Sales for such Licensed Products shall not be less than [CONFIDENTIAL TREATMENT REQUESTED] /*/ percent ([CONFIDENTIAL TREATMENT REQUESTED] /*/%). Only one royalty shall be due hereunder on the Sale of the same unit of Licensed Product. If a royalty accrues to a Sale of a Licensed Product under both clause (i) and (ii) above, then the higher rate of clause (i) shall apply. Only one royalty shall be due hereunder on the Sale of a Licensed Product even if the manufacture, use, sale, offer for sale or importation of such Licensed Product infringes more than one Valid Claim of the Penn Patent Rights.

  • PATENTS AND ROYALTIES Unless otherwise provided, the Contractor shall be solely responsible for obtaining the right to use any patented or copyrighted materials in the performance of the contract resulting from this Invitation for Bids. The Contractor, without exception, shall indemnify and save harmless the County and its employees from liability of any nature or kind, including cost and expenses for or on account of any copyrighted, patented, or unpatented invention, process, or article manufactured or supplied by the Contractor. In the event of any claim against the County of copyright or patent infringement, the County shall promptly provide written notification to the Contractor. If such a claim is made, the Contractor shall use its best efforts to promptly purchase for the County any infringing products or services or procure a license, at no cost to the County, which will allow continued use of the service or product. If none of the alternatives are reasonably available, the County agrees to return the article on request to the Contractor and receive reimbursement, if any, as may be determined by a court of competent jurisdiction.

  • Royalty Payments (1) Royalties shall accrue when Licensed Products are invoiced, or if not invoiced, when delivered to a third party or Affiliate. (2) LICENSEE shall pay earned royalties quarterly on or before February 28, May 31, August 31 and November 30 of each calendar year. Each such payment shall be for earned royalties accrued within LICENSEE’s most recently completed calendar quarter. (3) Royalties earned on sales occurring or under sublicense granted pursuant to this Agreement in any country outside the United States shall not be reduced by LICENSEE for any taxes, fees, or other charges imposed by the government of such country on the payment of royalty income, except that all payments made by LICENSEE in fulfillment of UNIVERSITY’s tax liability in any particular country may be credited against earned royalties or fees due UNIVERSITY for that country. LICENSEE shall pay all bank charges resulting from the transfer of such royalty payments. (4) If at any time legal restrictions prevent the prompt remittance of part or all royalties by LICENSEE with respect to any country where a Licensed Product is sold or a sublicense is granted pursuant to this Agreement, LICENSEE shall convert the amount owed to UNIVERSITY into US currency and shall pay UNIVERSITY directly from its US sources of fund for as long as the legal restrictions apply. (5) LICENSEE shall not collect royalties from, or cause to be paid on Licensed Products sold to the account of the US Government or any agency thereof as provided for in the license to the US Government. (6) In the event that any patent or patent claim within Patent Rights is held invalid in a final decision by a patent office from which no appeal or additional patent prosecution has been or can be taken, or by a court of competent jurisdiction and last resort and from which no appeal has or can be taken, all obligation to pay royalties based solely on that patent or claim or any claim patentably indistinct therefrom shall cease as of the date of such final decision. LICENSEE shall not, however, be relieved from paying any royalties that accrued before the date of such final decision, that are based on another patent or claim not involved in such final decision, or that are based on the use of Technology.

  • Royalties This agreement entitles the author to no royalties or other fees. To such extent as legally permissible, the author waives his or her right to collect royalties relative to the article in respect of any use of the article by the Journal Owner or its sublicensee.

  • Online Payments Payments made online are made with an free consent after agreeing to the terms and conditions, All payments received online will be by default processed on agreeing with terms and condition, any disputes made afterwards will be null and void. All disputes will be in the jurisdictions of Hyderabad. This agreement is made on this the day, month and year first above mentioned and the parties to this deed have put their signatures at their free will and consent and after going through all the terms and conditions before the following: Amount Paid: 69620 Due Payment: 0.00 Due Date: NA Signature of Client / Applicant Signature of Consultant

  • Earned Royalty In addition to the annual license maintenance fee, ***** will pay Stanford earned royalties (Y%) on Net Sales as follows:

  • Sublicense Fees Licensee will pay Sublicense Fees indicated in Section 3.1(e) of the Patent & Technology License Agreement on or before the Quarterly Payment Deadline for the Contract Quarter.

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