Base Royalty Rate Sample Clauses

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. 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. 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. 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.
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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. [*]
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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 ($[****]) [****] %
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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.
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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”).
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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): ([***].
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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 As further consideration for the rights granted to AbbVie hereunder, subject to Section 6.7.3, commencing upon the First Commercial Sale of a Licensed Product in the Territory, on a Licensed Product-by-Licensed Product basis, AbbVie shall pay to Licensor a royalty on Net Sales of each Licensed Product (whether or not an Initial Licensed Product or a Follow-On Product) in the Territory (excluding Net Sales of each Licensed Product in any country or other jurisdiction in the Territory for which the Royalty Term for such Licensed Product in such country or other jurisdiction has expired) during each Calendar Year at the following rates: [ ] = Certain confidential information contained in this document, marked by brackets, is filed with the Securities and Exchange Commission pursuant to Rule 406 of the Securities Act of 1933, as amended. Net Sales in the Territory of each Licensed Product containing the same Licensed Compound in a Calendar Year Royalty Rate For that portion of aggregate Net Sales of each Licensed Product containing the same Licensed Compound in the Territory during a Calendar Year equal to or less than [*] [*] For that portion of aggregate Net Sales of each Licensed Product containing the same Licensed Compound in the Territory during a Calendar Year greater than [*] but equal to or less than [*] [*] For that portion of aggregate Net Sales of each Licensed Product containing the same Licensed Compound in the Territory during a Calendar Year greater than [*] [*] The royalty tiers set forth in the table above shall only aggregate Licensed Products that contain the same Licensed Compounds. For example, if Net Sales for all Licensed Products containing the same Licensed Compound in the Territory during a Calendar Year are [*], and Net Sales for all Licensed Products containing a different Licensed Compound in the Territory during such Calendar Year are [*], then all such Net Sales for both sets of Licensed Products during such Calendar Year shall bear a royalty rate of [*]. With respect to each Licensed Product in each country or other jurisdiction in the Territory, from and after the expiration of the Royalty Term for such Licensed Product in such country or other jurisdiction, Net Sales of such Licensed Product in such country or other jurisdiction shall be excluded for purposes of calculating the Net Sales thresholds and ceilings set forth in this Section 6.7.1.

  • 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.