APPLICABLE ROYALTIES Sample Clauses

APPLICABLE ROYALTIES. ‌ In exchange for the license granted by the OP3FT to the Operator of the Frogans Core Registry for the technical and commercial operation of the Frogans Core Registry, the Operator undertakes to pay the OP3FT monthly royalties, in euros, equal to the greater of the following: • 15% (fifteen percent) of the total amount in euros, excluding value-added tax (VAT), of the Frogans Core Registry addressing services invoiced, during the month, by the Operator to the FCR Account Administrators, or • 150,000 (one hundred and fifty thousand) euros. Thus, for example, in the absence of Frogans Core Registry addressing services invoiced by the Operator over the course of a month, or if the total amount in euros, excluding VAT, for addressing services invoiced is less than or equal to 1,000,000 (one million) euros during a month, then the total amount of the royalties due to the OP3FT for this month shall be equal to 150,000 (one hundred and fifty thousand) euros. Likewise, if the total amount in euros, excluding VAT, for addressing services invoiced by the Operator is equal to 5,000,000 (five million) euros during a month, then the total amount of the royalties due to the OP3FT for this month shall be equal to 750,000 (seven hundred and fifty thousand) euros. It is expressly agreed between the Parties that the percentage corresponding to the monthly royalties cannot be adjusted downwards, and that the 15% (fifteen percent) percentage is the guaranteed minimum. The Parties agree that the Operator shall pay the OP3FT a fixed amount set at 150,000 (one hundred and fifty thousand) euros on the date of entry into force of the Agreement, and that the monthly royalties shall be due as from the actual commencement of activity of the OP3FT, including the setting-up of its work teams in its premises. During the period preceding the commercialization of the Frogans Core Registry addressing services, which must take place before the end of the year 2012, the monthly royalties shall be 150,000 (one hundred and fifty thousand) euros.
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APPLICABLE ROYALTIES. To the extent that any sale of a product by Molecular Partners is subject to two or more royalties under this Agreement, the MP0260 Agreement, and/or the MP0112 Agreement, only the royalty which would result in the highest payment to Allergan will apply.
Sample 1
APPLICABLE ROYALTIES. InnovaCOM shall pay to FutureTel a royalty in the percentage specified below for the applicable year on the Gross Revenues received by InnovaCOM in connection with the applicable Covered Transaction during that year, until the expiration of Year 7 as defined below. Specifically, for all Covered Transactions, InnovaCOM shall pay to FutureTel 20% of the Gross Revenues received by InnovaCOM in connection with such transaction during the one-year period following the date of this Agreement ("Year 1"); 15% of the Gross Revenues received by InnovaCOM in connection with such transaction during the one-year period following Year 1 ("Year 2"); 8% of the Gross Revenues received by InnovaCOM in connection with such transaction during the one-year period following Year 2 ("Year 3"); 5% of the Gross Revenues received by InnovaCOM in connection with such transaction during the one-year period following Year 3 ("Year 4"); 3% of the Gross Revenues received by InnovaCOM in connection with such transaction during the one-year period following Year 4 ("Year 5"); 1% of the Gross Revenues received by InnovaCOM in connection with such transaction during the one-year period following Year 5 ("Year 6"); and 1% of the Gross Revenues received by InnovaCOM in connection with such transaction during the one-year period following Year 6 ("Year 7"), as follows: Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 20% 15% 8% 5% 3% 1% 1%
Sample 1
APPLICABLE ROYALTIES. InnovaCOM shall pay to FutureTel a royalty in the percentage specified below for the applicable year on the total amount paid by InnovaCOM to any Foundry or other silicon source for any silicon (excluding taxes, shipping, delivery, and/or handling charges) (the "Foundry Price") in connection with a Covered Order. Specifically, for all Covered Orders, InnovaCOM shall: pay to FutureTel 20% of the Foundry Price for any Covered Orders during Year 1; 15% of the Foundry Price for any Covered Orders during Year 2; 8% of the Foundry Price for any Covered Orders during Year 3; 5% of the Foundry Price for any Covered Orders during Year 4: 3% of the Foundry Price for any Covered Orders during Year 5; 1% of the Foundry Price for any Covered Orders during Year 6; and 1% of the Foundry Price for any Covered Orders during Year 7, as follows: Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 20% 15% 8% 5% 3% 1% 1% In the event that the Foundry Price for any silicon cannot be determined, InnovaCOM shall pay the foregoing royalty percentages on the Gross Revenues which will be due to InnovaCOM from sublicenses of GECKO Products made using such silicon; provided however, that such Gross Revenues shall be deemed to accrue on the date InnovaCOM orders the silicon, and shall be based on InnovaCOM's list price for the applicable GECKO Products in effect as of the order date.
Sample 1
APPLICABLE ROYALTIES. InnovaCOM shall pay to FutureTel a royalty in the percentage specified below for the applicable year on the Gross Revenues received by InnovaCOM in connection with the applicable OKI Covered Transaction during that year, until the expiration of Year 7. Specifically, for all OKI Covered Transactions, InnovaCOM shall pay to FutureTel 10% of the Gross Revenues received by InnovaCOM in connection with such transaction during Year 1; 10%k of the Gross Revenues received by InnovaCOM in connection with such transaction during Year 2; 8% of the Gross Revenues received by InnovaCOM in connection with such transaction during Year 3; 5% of the Gross Revenues received by InnovaCOM in connection with such transaction during Year 4: 3% of the Gross Revenues received by InnovaCOM in connection with such transaction during Year 5; 1% of the Gross Revenues received by InnovaCOM in connection with such transaction during Year 6; and 1% of the Gross Revenues received by InnovaCOM in connection with such transaction during Year 7, as follows:
Sample 1

Related to APPLICABLE ROYALTIES

  • Minimum Royalties If royalties paid to Licensor do not reach the minimum royalty amounts stated in Section 3.3 of the Patent & Technology License Agreement for the specified periods, Licensee will pay Licensor on or before the Quarterly Payment Deadline for the last Contract Quarter in the stated period an additional amount equal to the difference between the stated minimum royalty amount and the actual royalties paid to Licensor.

  • Running Royalties Company shall pay to JHU a running royalty as set forth in Exhibit A, for each LICENSED PRODUCT(S) sold, and for each LICENSED SERVICE(S) provided, by Company or AFFILIATED COMPANIES, based on NET SALES and NET SERVICE REVENUES for the term of this Agreement. Such payments shall be made quarterly. All non-US taxes related to LICENSED PRODUCT(S) or LICENSED SERVICE(S) sold under this Agreement shall be paid by Company and shall not be deducted from royalty or other payments due to JHU. In order to insure JHU the full royalty payments contemplated hereunder, Company agrees that in the event any LICENSED PRODUCT(S) shall be sold to an AFFILIATED COMPANY or SUBLICENSEE(S) or to a corporation, firm or association with which Company shall have any agreement, understanding or arrangement with respect to consideration (such as, among other things, an option to purchase stock or actual stock ownership, or an arrangement involving division of profits or special rebates or allowances) the royalties to be paid hereunder for such LICENSED PRODUCT(S) shall be based upon the greater of: 1) the net selling price (per NET SALES) at which the purchaser of LICENSED PRODUCT(S) resells such product to the end user, 2) the NET SERVICE REVENUES received from using the LICENSED PRODUCT(S) in providing a service, or 3) the net selling price (per NET SALES) of LICENSED PRODUCT(S) paid by the purchaser. No multiple royalties shall be due or payable because any LICENSED PRODUCT(S) or LICENSED SERVICE(S) is covered by more than one claim of the PATENT RIGHTS or by claims of both the PATENT RIGHTS under this Agreement and “PATENT RIGHTS” under any other license agreement between Company and JHU. The royalty shall not be cumulative based on the number of patents or claims covering a product or service, but rather shall be capped at the rate set forth in Exhibit A.

  • 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.

  • Minimum Royalty At the beginning of each calendar year during the term of this Agreement, beginning January 1, 2016, Company shall pay to Medical School a minimum royalty of {***}. If the actual royalty payments to Medical School in any calendar year are less than the minimum royalty payment required for that year, Company shall have the right to pay Medical School the difference between the actual royalty payment and the minimum royalty payment in full satisfaction of its obligations under this Section, provided such minimum payment is made to Medical School within sixty (60) days after the conclusion of the calendar year. Waiver of any minimum royalty payment by Medical School shall not be construed as a waiver of any subsequent minimum royalty payment. If Company fails to make any minimum royalty payment within the sixty-day period, such failure shall constitute a material breach of its obligations under this Agreement, and Medical School shall have the right to terminate this Agreement in accordance with Section 8.3.

  • 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 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.

  • Production Royalty When Lessee commences production of ores, minerals or materials from the premises, Lessee shall pay to Lessor a production royalty of 3% of the Net Smelter Returns (NSR) received by Lessee from the sale of said ores, minerals or materials, from the Premises. Lessor may buy out the Lessee’s Production Royalty at a rate of One Million Dollars ($1,000,000.00) per Royalty percentage, with the Lessee retaining One Percent (1%). (1) If Lessee sells refined gold or silver, Lessee will be deemed to have received proceeds from the sale thereof equal to the number of ounces of refined gold or silver outturned to Lessee's account during the calendar quarter multiplied in the case of gold by the average daily London Bullion Brokers P .M Gold Fixing during such calendar quarter and in the case of silver by the average of the daily Engelhard industrial bullion price for silver during the calendar quarter. The average price for a calendar quarter shall be determined by dividing the sum of all daily prices posted during the calendar quarter by the number of days that prices were posted. The posted price shall be obtained from the Wall Street Journal, Reuters, E&MJ or other industry-accepted source. If a posted price referenced above becomes no longer available, Lessee shall, acting reasonably, select an alternative posted price that closely approximates such original posted price. Lessee shall have the right to market and sell to third parties refined gold and silver in any manner it chooses, including the sale of such refined gold and silver on the commodity market. In this regard, Lessor shall have no right to participate in any gains and/or profits or obligation to suffer any losses accruing to Lessee as a result of forward sales, options trading, commodities futures trading or similar transactions. (2) Charges to be deducted from proceeds in determining Net Smelter Returns (a) all costs, charges and expenses paid or incurred by Lessee for treatment in the smelting and refining processes (including handling, processing, interest and provisional settlement fees, sampling, assaying and representation costs, penalties and other processor deductions);

  • Sublicense Income Company shall pay Medical School {***} of all Sublicense Income. Such amounts shall be due and payable within sixty (60) days after Company receives the relevant payment from the Sublicensee.

  • Third Party Royalties (i) In the event that Amgen, its Affiliates or Sublicensee obtains a license under Patents of a Third Party in any country that Amgen or its Affiliate, on the advice of patent counsel, determines, in the absence of a license thereunder could be considered to be infringed by the manufacture, use, sale, offer for sale or import of the Compound contained in a Product sold by Amgen (or its Affiliate or Sublicensee) in such country (in each case, a “Necessary Third Party License”), then Amgen may deduct […***…]% of the royalties actually paid to such Third Party under such Necessary Third Party License with respect to sales of such Product in such country from the royalty payments owed to Xencor pursuant to Section 6.7 with respect to Net Sales of such Product in such country, provided that the royalties payable to Xencor with respect to such Product in such country may not be reduced by more than […***…]% in any calendar quarter as a result of any and all such offsets in the aggregate. (ii) In the event that Amgen, its Affiliates or Sublicensee obtains a license (other than a Necessary Third Party License) under Patents of a Third Party in any country that Amgen or its Affiliate determines are necessary or reasonably useful to Develop, make, use, sell, offer for sale or import a Compound or Product sold by Amgen (or its Affiliate or Sublicensee) in such country (in each case, a “Useful Third Party License”), then Amgen may deduct […***…]% of the […***…] actually paid to such Third Party under such Useful Third Party License with respect to sales of such Product in such country from the royalty payments owed to Xencor pursuant to Section 6.7 with respect to Net Sales of such Product in such country, provided that the royalties payable to Xencor with respect to such Product in such country may not be reduced by more than […***…]% in any calendar quarter as a result of any and all such offsets in the aggregate. (iii) For the avoidance of doubt, subject to the foregoing, it is understood that a Party shall be solely responsible for payment of any and all royalties and other amounts owed by such Party under its license or other agreements with Third Parties that were entered into prior to the Effective Date; provided, however, that Amgen shall be responsible for payment of all payments that become due after the Option Exercise Date under the Catalent Agreement (defined in Section 10.2(b)) as a result of the Development, manufacture, use, sale, offer for sale or import of any Product by or on behalf of Amgen or any of its Affiliates or Sublicensees.

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