Base Royalty Rate Sample Clauses

Base Royalty Rate. TI shall pay Wintegra quarterly royalties based on its sales of TI Devices [†] based on the following formula:
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Base Royalty Rate. For the term of this License Agreement, HOUGHTEN shall pay to SCRIPPS a royalty of *** percent *** of Net Sales of the Licensed Products, or where any sublicense is granted, *** percent (***) of royalties derived by HOUGHTEN from all such sublicenses under Section 2.4, all on a quarterly calendar basis. (a) In countries where any patent is issued covering the Licensed Products, the royalty rate for such country shall be as set forth in Section 3.1. (b) In countries where there is no issued patent covering the Licensed Products, but a patent application is pending and where HOUGHTEN sells the Licensed Products falling within the scope of the claims of said patent application, the royalty rate shall be *** of the rate set forth in Section 3.1 for a period not to exceed *** (***) years from the priority filing date of said patent application. If a patent on the Licensed Products is issued in such country during said *** (***) year period, the royalty rate shall thereafter be as set forth in Section 3.2(a). After said *** (***) year period if any royalties have been paid under this subsection for such country, no further royalty payments shall be made by HOUGHTEN to SCRIPPS for such country unless a patent issues thereafter on said patent application. Upon such issuance, the royalty rate shall be as set forth in Section 3.2(a). (c) In countries where there is no patent covering the Licensed Products and where there is no pending patent application or where a pending patent application has exceeded a *** (***) year period based on the priority filing date and no royalties have been paid thereon or where a pending patent application is finally rejected and appellate procedures are unsuccessfully exhausted or the time for perfecting any further appeals has expired, the royalty rate when HOUGHTEN sells the Licensed Products thereafter *** Portions of this page have been omitted pursuant to a request for Confidential Treatment and filed separately with the Commission
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Base Royalty Rate. Licensee shall pay to Licensor as a royalty the amount of [$CMD] per unit for each Licensed Product Sold by Licensee or its Affiliates (other than to Sublicensees, as to which the provisions of Section 6.1.3 shall apply), subject to adjustment as set forth herein. All amounts shall be paid in U.S. Dollars.
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Base Royalty Rate. In consideration of licenses granted to Salix ----------------- herein, Salix shall pay to Biorex the following royalties with respect to Net Sales by Salix, its Affiliates and sublicensees of Products in the Territory during the Royalty Term for such Product (except as otherwise set forth in this Section 7); Annual Net Sales For All Products Royalty Rate --------------------------------- ------------ [*] [*] [*] [*] CERTAIN INFORMATION ON THIS PAGE HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS. [*]
Sample 1
Base Royalty Rate. Subject to Subsection 4.5 (b) below, during the Royalty Term, Isis shall pay to University a royalty of [***] percent ([***]%) of Net Sales of Licensed Products occurring during the Royalty Term.
Sample 1
Base Royalty Rate. The following table sets out the base royalty rates (“Base Royalty Rates”) applicable to the calculation of the running royalties payable by Astellas on Net Sales by Astellas, its Affiliates and Sublicensees: Portion of Aggregate Annual Net Sales less than [****] Dollars ($[****]) [****] % Portion of Aggregate Annual Net Sales equal to or exceeding [****] Dollars ($[****]) up to and including [****] Dollars ($[****]) [****] % Portion of Aggregate Annual Net Sales in excess of [****] Dollars ($[****]) [****] %
Sample 1
Base Royalty Rate. For the term of this License Agreement, HOUGHTEN shall pay to SCRIPPS a royalty of [CONFIDENTIAL TREATMENT REQUESTED] of Net Sales of the Licensed Products, or where any sublicense is granted, [CONFIDENTIAL TREATMENT REQUESTED] of royalties derived by HOUGHTEN from all such sublicenses under Section 2.4, all on a [CONFIDENTIAL TREATMENT REQUESTED] (a) In countries where any patent is issued covering the Licensed Products, the royalty rate for such country shall be as set forth in Section 3.1. (b) In countries where there is no issued patent covering the Licensed Products, but a patent application is pending and where HOUGHTEN sells the Licensed Products falling within the scope of the claims of said patent application, the royalty rate shall be [CONFIDENTIAL TREATMENT REQUESTED] for a period not to exceed [CONFIDENTIAL TREATMENT REQUESTED] years from the priority filing date of said patent application. [CONFIDENTIAL TREATMENT REQUESTED] Upon such issuance, the royalty rate shall be as set forth in Section 3.2(a). (c) In countries where there is no patent covering the Licensed Products and where there is no pending patent application [CONFIDENTIAL TREATMENT REQUESTED]. The payment of royalties under this subsection 3.2(c) shall not exceed a period of [CONFIDENTIAL TREATMENT REQUESTED] years from the date of first sale of the Licensed Products.
Sample 1
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Base Royalty Rate. BeiGene will pay to Ambrx a royalty on Net Sales of Products, on a Product-by-Product and country-by-country basis, by BeiGene, its Affiliates and Sublicensees in the Territory based on the Net Sales tiers and royalty rates as set forth in the table below (the “Base Royalty Rate”) (subject to any offsets or reductions set forth below in this Section 8.5). Portion of worldwide Net Sales for each Product less than or equal to [***] [***] Portion of worldwide Net Sales for each Product greater than [***] and less than or equal to [***] [***] Portion of worldwide Net Sales for each Product greater than $2 billion [***] For clarity, the Net Sales thresholds in the table above shall be determined on a Product-by-Product basis. By way of example, if the worldwide Net Sales of a Product in the Territory in a particular Calendar Year are [***], the amount of royalties payable hereunder shall be calculated as follows (subject to any applicable reductions under this Section 8.5): ([***].
Sample 1
Base Royalty Rate. Subject to Section 3.3, 3.4 and 3.5 below, the royalty rate for the royalty herein granted shall be two and one-half percent (2.5%) of the Net Returns from Products produced from the Property (“Base Royalty Rate”).
Sample 1

Related to Base Royalty Rate

  • Royalty Rate Licensee shall pay to Licensor three percent (3%) of the first $25 million of Revenues received by Licensee or its Affiliates, and two percent (2%) of all additional Revenues received by Licensee or its Affiliates, subject to reductions pursuant to Sections 4.2.2 and 4.2.3.

  • Royalty Rates (i) Licensee shall pay Licensor a royalty of []* (the "Patent Royalty") on quarterly Net Sales of Licensed Product by Licensee, its Affiliates ---------- * This portion of the Exhibit has been omitted pursuant to a request for Confidential Treatment under Rule 406 of the Securities Act of 1933, as amended. The Complete Exhibit, including the portions for which confidential treatment has been requested, has been filed separately with the Securities and Exchange Commission. and Permitted Sublicensees in countries where at least one Valid Claim exists during all periods of such existence. Such royalty shall be payable on a country-by-country basis until the expiration of the last remaining Valid Claim in any such country. (ii) In the case of countries in which the Patent Rights consist solely of patent applications, Licensee shall pay Licensor the Patent Royalty on quarterly Net Sales of Licensed Product by Licensee, its Affiliates and Permitted Sublicensees in such countries until the first to occur of []* Upon the []* Licensee shall pay Licensor a royalty of []* (the "Know-How Royalty") on quarterly Net Sales of Licensed Product by Licensee, its Affiliates and Permitted Sublicensees in such country for []* provided, however, that upon issuance of a Valid Claim in such country at any time thereafter, Licensee shall pay Licensor in accordance with subsection (i) above. (iii) Licensee shall pay Licensor the Know-How Royalty on quarterly Net Sales of Licensed Product by Licensee, its Affiliates and Permitted Sublicensees, in countries where no Patent Rights exist and in countries where the only existing Patent Rights have, for a period of []* been patent applications, for a period of []* PROVIDED, HOWEVER, that if at any time thereafter Patent Rights come to exist in any such country, Licensee shall pay royalties to Licensor in accordance with subsection (i) or (ii) above as appropriate. In no event shall the Know-How Royalty be payable in respect of any Net Sales upon which the Patent Royalty is payable.

  • 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 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.

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

  • 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.

  • 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.

  • Minimum Annual Royalties Company shall pay to JHU minimum annual royalties as set forth in Exhibit A. These minimum annual royalties shall be due, without invoice from JHU, within thirty (30) days of each anniversary of the EFFECTIVE DATE beginning with the first anniversary. Running royalties and sublicense consideration accrued under Paragraphs 3.3 and 3.4, respectively, and paid to JHU during the one year period preceding an anniversary of the EFFECTIVE DATE shall be credited against the minimum annual royalties due on that anniversary date.

  • 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.

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